A car crash can change your life in a few seconds. You should not have to argue with an insurance adjuster to be heard on top of it.
If another driver caused your Chicago crash, Illinois gives you two years from the crash date to start a personal injury lawsuit, under Illinois Compiled Statutes (ILCS) Title 735, Chapter 5/13-202. You can still recover money if you were partly at fault, as long as your share stays at 50% or less. Hiring a lawyer costs you nothing up front. Some deadlines are much shorter. If a Chicago Transit Authority (CTA) bus, a city truck, or a Pace vehicle was involved, you may have only one year. That is the kind of thing people find out too late.
Willens & Baez Personal Injury Lawyers, P.C. handles car accident cases in Chicago, Cook County and throughout Illinois.
Why Choose Willens & Baez Personal Injury Lawyers, P.C. for your Chicago Car Accident Injury Case?
The simple answer is experience. Both founding partners once worked for insurance companies, Matthew Willens managing million-dollar-plus cases and David Baez as an insurance defense attorney, so they are insiders and know how the other side operates. That experience gives them the edge to fight for maximum compensation on your car accident injury claim.
Our car accident results include a $15,808,277 verdict for a child struck by a van, a $3,000,000 settlement in a wrongful death car accident case and hundreds more cases of all types and sizes. Past results do not guarantee a similar outcome.
Call (312) 957-4166 for a free consultation. You owe no attorney fee unless we recover money for you.
Willens & Baez Personal Injury Lawyers, P.C. Reviews
Key Terms in an Illinois Car Accident Claim
Insurance adjusters use words most people never hear anywhere else. Here is what the main ones mean, in plain language.
| Term | What It Means |
|---|---|
| Liability | Legal responsibility for causing the crash. The at-fault driver’s insurance pays for the harm they caused. |
| Modified comparative fault | Illinois’s fault-sharing rule. You may still recover compensation if your fault is 50% or less, and your money is reduced by your share (735 ILCS 5/2-1116). |
| Statute of limitations | The filing deadline. Most Illinois injury lawsuits must be filed within two years (per 735 ILCS 5/13-202). |
| Uninsured motorist coverage | Your own coverage that pays if the at-fault driver carries no insurance. Every Illinois auto policy must include it (215 ILCS 5/143a). |
| Underinsured motorist coverage | Coverage that fills the gap if the at-fault driver’s limits are too small. Required at limits matching your UM coverage when that coverage is above Illinois minimum (per 215 ILCS 5/143a-2). |
| Medical lien | A hospital or provider’s claim against your settlement. Illinois caps all health care liens at 40% of your recovery (770 ILCS 23/10). |
| Contingency fee | Your lawyer’s fee, paid as a share of what you recover. No recovery means no attorney fee. |
How Much Does a Car Accident Lawyer Cost in Chicago?
Nothing up front. With most personal injury firms, you only pay them a percentage of what you recover, and if there is no recovery, you owe no attorney fee. This system is called a contingency fee billing.
Illinois does not cap (limit) contingency fees in car accident cases. There is a 33 1/3% cap under 735 ILCS 5/2-1114 that applies to medical malpractice claims only. Chicago injury firms commonly charge between 33% and 40%, and the exact number belongs in a written fee agreement. Illinois Rule of Professional Conduct 1.5(c) requires that agreement to be in writing and signed by you.
Case costs are separate from the fee. In a car crash case, the money usually goes to the crash report and 911 audio, certified medical records and bills, event data recorder downloads from the vehicles, deposition transcripts, and sometimes an accident reconstruction engineer. Willens & Baez advances those costs, and they are repaid out of a recovery. You don’t pay us anything upfront.
Then there are the liens. Hospitals and health insurers who treated you can claim part of your settlement. Illinois caps all health care liens at 40% of your total recovery (770 ILCS 23/10). If those liens reach that 40% ceiling, attorney liens are capped at 30%, so the statute is written to leave you something. Negotiating liens down is one of the quieter ways a lawyer puts money back in your pocket.
Ask any Chicago firm these three things in writing:
What is the fee percentage, and does it change if the case goes to trial? Are case costs deducted before or after the fee is calculated? What happens to case costs if the claim does not win?
How Long Do I Have To File a Car Accident Claim in Illinois?
Two years from the accident date for most injury lawsuits (735 ILCS 5/13-202). Several situations run on much shorter clocks, and a Chicago crash is more likely than most to hit one of them.
| Type of Claim | Deadline | Illinois Authority |
|---|---|---|
| Injury from a car accident | 2 years from the crash | 735 ILCS 5/13-202 |
| Wrongful death | 2 years from the date of death | 740 ILCS 180/2 |
| Claim involving a Chicago Transit Authority (CTA) bus or train | 1 year | 70 ILCS 3605/41 |
| Claim involving Pace or Metra | 1 year | 70 ILCS 3615/5.03 |
| Claim against the City of Chicago, Cook County, or another local entity | 1 year | 745 ILCS 10/8-101 |
| Injured child | Generally 2 years after turning 18 | 735 ILCS 5/13-211 |
| Damage to your vehicle only | 5 years from crash | 735 ILCS 5/13-205 |
The CTA rule catches people in many cases. Chicago runs on buses and trains, and a crash with a CTA vehicle is not covered by the general one-year government statute. It has its own one-year deadline under the Metropolitan Transit Authority Act. The old six-month notice requirement was repealed in 2009, but the one-year filing deadline stayed.
Filing an insurance claim does not stop any of these clocks. Neither do settlement talks. An adjuster can keep a friendly conversation going right up to the day your deadline passes.
Two years sounds generous. It is not, once you count months of treatment, records requests, and the time it takes to value a case honestly. Waiting also costs you evidence. Traffic camera footage and bus video get overwritten in weeks, not years.
How Do I Know If I Have a Car Accident Case?
You probably have a claim worth talking about if all three of these are true. Check them against your own crash:
- Someone else’s carelessness contributed to the crash.
Examples are if your crash involved a driver who was speeding, following too closely, running a light, turning across your path, or looking at a phone. This does not have to be the whole story. Illinois lets you recover as long as your own share of fault is 50% or less (735 ILCS 5/2-1116).
- You were hurt, and there is a medical record of it.
Medical records include an ER visit, an urgent care visit, or a doctor’s appointment in the days after the crash. It’s best to get yourself checked even if you feel fine. Adrenaline hides pain, so plenty of real injuries do not show up until day two or three.
- You are still inside the filing deadline.
Remember, the time limit to sue in Illinois is two years for most crashes, one year if a CTA, Pace, Metra, city, or county vehicle was involved.
There are also three more things people assume rule them out, and they do not: You do not need to know the other driver’s insurance limits. You do not need to have been ticketed or not ticketed. And you do not need to know whether the at-fault driver was working at the time. Those are things we investigate, not things you are supposed to arrive knowing.
Who Pays After a Chicago Car Accident?
Illinois is a “fault” state, not a “no-fault” state. This means the driver who caused the crash is responsible for paying, and their liability insurance is usually the first source of payment.
Every vehicle owner in Illinois has to carry liability insurance (625 ILCS 5/7-601). The minimum limits are $25,000 per injured person, $50,000 per crash, and $20,000 for others’ property damage (625 ILCS 5/7-203). Drivers often see this written as 25/50/20.
Those limits run out fast. One ambulance ride, one emergency room visit, and one MRI can exceed $25,000 before you have seen a specialist. A serious crash almost always means looking for compensation sources beyond the at-fault driver’s auto insurance policy.
Illinois also requires uninsured motorist bodily injury coverage on every auto policy, at $25,000 per person and $50,000 per crash, and you cannot reject it (215 ILCS 5/143a). That coverage is what pays after a hit and run or a crash with an uninsured or underinsured driver.
Underinsured motorist coverage works differently than most people expect. Your insurer must include it, with the same limits as the uninsured motorist coverage, but only when that coverage is above Illinois minimum (per 215 ILCS 5/143a-2). If you carry bare minimum limits, UIM will not add anything when the at-fault driver also carries the minimum. It is also reduced by what you already collected from the at-fault driver, so it fills a gap rather than stacking on top.
At Willens & Baez, these are some sources of payment we consider in a Chicago crash:
- The at-fault driver’s liability insurance
- Your own uninsured or underinsured motorist coverage
- The at-fault driver’s employer, if they were working at the time
- A rideshare or delivery company’s commercial policy, which often carries far higher limits than a personal policy
- A vehicle or parts manufacturer, if a defect contributed
- A government body responsible for a dangerous road or a dark or missing signal
- Your own medical payments coverage, which pays regardless of fault.
Finding every available policy is unglamorous work. It is also where a large share of the real recovery in serious cases comes from.
How Does Illinois Handle a Crash That Was Partly My Fault?
You may still receive compensation as long as your share of fault is 50% or less. Illinois uses a modified comparative fault system (735 ILCS 5/2-1116). Your damages are reduced by your fault percentage, and if your share is more than 50%, you recover nothing.
Here’s an example: If your damages come to $100,000 and a jury finds you 20% responsible, you recover $80,000. If they find your fault at exactly 50%, you still recover, cut in half. But at 51%, you recover nothing at all.
That cliff is why fault percentages get fought over so hard. A jury decides them, not an adjuster and not the officer who wrote the report. Dashcam video, event data recorder downloads, and early witness statements are what keep your number low.
We at Willens & Baez Personal Injury Lawyers have lived this math. In one of our cases, a 12-year-old girl suffered a traumatic brain injury after being struck by a van. The jury returned $22,583,253 and reduced it by her 30% share of the fault, for a final award of $15,808,277. Thirty percentage points decided almost seven million dollars. The pre-trial offer had been $250,000.
Fault also drives what a family recovers in a wrongful death claim, where the same rules reduce or bar the recovery. In a disputed crash, the fault question usually is the case.
What Is My Car Accident Case Worth?
No honest lawyer gives you a number on the first phone call. Case value comes from what you lost, what you are still losing, and how clear the fault picture is.
Illinois lets you recover both the bills you can add up and the harm you cannot quantify in dollars. There is no cap on pain and suffering damages in an Illinois car accident case.
- Emergency care, surgery, imaging, therapy, and prescriptions
- Future medical treatment your doctors expect you to need
- Lost wages while you were unable to work
- Reduced earning capacity if you cannot go back to the same job
- Pain and suffering
- Disability, disfigurement, and scarring
- Loss of a normal life, meaning the things you can no longer do
- Vehicle repair or replacement.
Future costs are the ones people undervalue. A knee that will need a replacement in 15 years is part of today’s claim. Once you sign a release, you cannot come back for it.
How Long Does a Chicago Car Accident Case Take?
Most car accident cases resolve in months, not weeks. A clear-fault claim with finished treatment can settle in well under a year. A disputed case with serious injuries takes longer, sometimes considerably.
The biggest factor is your medical care. Many people unfortunately leave money behind when they settle before their doctors know where they will end up medically. A good case moves at the pace of your recovery.
| Stage | What Happens | Typical Timing |
|---|---|---|
| Treatment and investigation | You get medical care while we gather the crash report, video, and witness statements | First weeks to several months |
| Records and demand | We collect your records and bills, then send a demand package to the insurer | Once treatment finishes or levels off |
| Negotiation | The insurer responds and we counter | Weeks to a few months |
| Filing suit | If the offer stays low, we file in the Circuit Court of Cook County before the deadline | Any time within the filing deadline |
| Discovery | Written questions, document exchange, and depositions | Several months to a year or more |
| Mediation and settlement talks | Most cases resolve at this stage | Varies by case |
| Trial | If the insurer will not pay fairly, we try the case | Usually well over a year after filing. |
This is a general pattern, not a promise. The Cook County Law Division calendar, the number of defendants, and the complexity of your injuries all move these numbers.
Should I Settle or Take My Case to Trial?
Most Illinois car accident claims settle without a trial. Settling is faster, it is private, and it is certain. You know the number, you know the date, and you can start rebuilding.
Proceeding to trial trades that certainty for a shot at more. It takes longer, it puts your medical history in front of strangers, and a jury can come back lower than the last offer. It is the right call when an insurer’s number does not come close to what you lost.
Here is the part nobody advertises. The two paths are connected. Firms that never try cases get worse settlement offers, because adjusters know exactly who those firms are. Willens & Baez has taken car accident cases to verdict, and that history sits at the table during every negotiation.
Types of Car Accidents We Handle
The kind of collision shapes the injuries and the fault question. A rear-end crash and a T-bone at an intersection are different cases from the first day.
- Rear-end collisions.
The driver who followed is usually at fault, though not always. Neck and back injuries are common here, even at moderate speeds, and symptoms often show up days later. - Head-on collisions.
These are among the deadliest crashes on Illinois roads. The combined speed of two vehicles can overwhelm seat belts and crumple zones entirely. See our page on head-on collisions. - Side-impact or T-bone crashes.
Intersections are where these happen, and the door is the only thing between an occupant and the striking vehicle. Injuries to the person on the struck side tend to be severe. - Rollovers.
These are often caused by a sharp turn at speed or by contact with another vehicle. Spinal injuries and fractures are common, and the risk of death is higher than in most other crash types. - Multiple vehicle pileups.
Chain reaction crashes on the Dan Ryan, the Kennedy, or the Eisenhower can involve dozens of vehicles. Sorting out who hit whom, and in what order, takes real investigation. See our page on multiple vehicle collisions. - Hit-and-run crashes.
When the other driver leaves the scene, your own uninsured motorist coverage steps in. Report it to police promptly, because insurers look hard at these claims. - Rideshare and commercial vehicle crashes.
A crash with a delivery van or a semi brings federal safety rules and corporate insurance into the picture. We also handle truck accident claims and Uber and Lyft rideshare crashes, where multiple policies often sit on top of each other.
Common Injuries We See in Chicago Crashes
Serious injuries cost you more than medical bills. They cost wages, independence, and sometimes the career you spent years building.
- Whiplash and other soft tissue neck injuries
- Back and spinal injuries, including herniated discs
- Traumatic brain injuries and concussions
- Broken bones, especially wrists, ribs, and legs
- Knee and shoulder injuries that need surgery
- Internal bleeding and organ damage
- Burns, lacerations, and permanent scarring
- Catastrophic injuries that end a person’s ability to work.
See a doctor even if you think you are fine. Delayed symptoms are normal after a crash, and a gap in treatment is the first thing an insurer points to when they want to argue you were not really hurt.
How Do I Choose a Car Accident Lawyer in Chicago?
Ask every firm you talk to, including us at Willens & Baez, the same five questions. The answers will separate firms faster than any advertisement.
- Who actually handles my file, and can I speak to that person today?
Some firms sign cases with a partner and hand them to staff you never meet. - How many car accident cases have you taken to verdict in Cook County?
Insurers track this. A firm that never tries cases gets lower offers, and the adjuster on your claim knows which kind you hired. - Do you advance case costs, and what happens to them if the case does not win?
Get the answer in writing. - Will you handle the medical liens, and how?
Lien negotiation under 770 ILCS 23/10 can change your net recovery by thousands of dollars. - What do you think is weak about my case?
Any lawyer who says nothing is either not paying attention or not being straight with you.
Why Clients Call Willens & Baez The Most Trusted Car Accident Lawyers in Chicago
Choosing a firm is one of the first real decisions you make after a crash, and it shapes the outcome more than most people realize.
Matthew Willens has practiced Illinois injury law since 1995 and founded the firm in 2007. He worked inside the insurance industry managing million-dollar-plus cases, so the defense playbook is familiar to him. One of his notable outcomes is a $15,808,277 verdict in a case where a child was struck by a van, named one of the National Law Journal’s top 100 verdicts in the country in 2007. He also secured a $3,000,000 settlement in a wrongful death car accident case, among many other high-value case results.
Matthew Willens’ law credentials include:
- Illinois Super Lawyer every year since 2012, and a Top 100 Illinois Super Lawyers listing
- AV Preeminent 5.0 peer review rating from Martindale-Hubbell
- Illinois Leading Lawyers listing for personal injury law and professional malpractice
- Member of the Million Dollar Advocates Forum since 2002
- Adjunct professor at Loyola University Chicago School of Law, teaching Advanced Trial Advocacy.
We represent injured people only, never insurance companies or corporations. No fee unless we win, and we advance all case costs. We welcome you to our offices in Chicago and Rolling Meadows, available 24/7, and we will come to you.
Many of our cases are referrals from other lawyers. That is the part we are quietly proudest of, because it means people who know the work choose us for their own families.
Past results do not guarantee or predict the outcome of any future case. Every case is different, and results depend on the specific facts and law involved. See our case results for more.
What to Do After a Car Accident in Chicago
What you do in the next hour matters more than most people expect.
- Call 911 and ask for police and medical help. In Chicago, a responding officer completes a crash report at the scene, and insurers lean on that report heavily.
- Photograph everything. Try to take photos of the vehicles, the road, skid marks, signals, license plates, and your own injuries. Do it before the cars are moved if it is safe to do so.
- Collect names, phone numbers, plate numbers, and insurance details from every driver involved.
- Ask any witnesses for their contact information before they leave. Witnesses disappear within minutes, and they are the hardest evidence to recover later.
- See a doctor the same day, even for a mild headache or a stiff neck.
- Tell your own insurer what happened, but do not guess at who was at fault. Your policy likely requires you to cooperate with your own carrier. That is not the same as the other driver’s adjuster.
- Do not give the other driver’s insurer a recorded statement before you talk to a lawyer.
- File a written report if you need to. Under 625 ILCS 5/11-406, a written report is required within 10 days when a crash causes injury, death, or more than $1,500 in property damage. The threshold drops to $500 if any vehicle involved is uninsured. If police investigated and filed a report at the scene, you generally do not need to file a separate one.
- Stay off social media until your claim is resolved.
Remember, adrenaline hides pain. Plenty of people who felt fine at the scene woke up two days later unable to turn their heads. Our Chicago car accident attorneys walk clients through what to do after a car crash every day, and the first 48 hours shape almost everything that follows.
The crash report matters, too. It records the officer’s findings, any citations, and the contributing causes. If it has errors, they can usually be corrected. Here is how to read your Illinois traffic crash report line by line.
Talk to a Chicago Car Accident Lawyer Today
You do not have to let an insurance adjuster decide what your injuries are worth. A free consultation costs you nothing and tells you where you stand.
Matthew Willens founded Willens & Baez Personal Injury Lawyers, PC and has represented injured people in Illinois since 1995. David A. Baez handles car accident cases in both English and Spanish. The firm serves Chicago and communities across the Chicago metro area from offices at 30 N LaSalle St #3450 in Chicago and 3701 W Algonquin Rd #712 in Rolling Meadows.
Call (312) 957-4166 for a free case review. Free consultation. No fee unless we win. We will even come to you.
Frequently Asked Questions
Do I have to report a car accident in Illinois?
What if the other driver had no insurance?
Should I give the other driver’s insurance company a recorded statement?
What is the minimum car insurance required in Illinois?
Can a hospital take a part of my car accident settlement?
What if a CTA bus or train was involved in my crash?
How long does my child have to file a car accident claim?
Does filing an insurance claim stop the two-year deadline?
No. The two-year deadline under 735 ILCS 5/13-202 is a court filing deadline, and only filing a lawsuit stops it. Opening a claim, sending records, or negotiating with an adjuster does nothing to the clock. Adjusters can keep talking right up to the day it runs out. After that, the claim is worth nothing, no matter how clear the other driver’s fault was. Shorter deadlines apply to government and transit claims.
