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Common FAQs



I have been injured as a result of an accident. How long do I have to file a lawsuit?

Generally, an injured party in Illinois has two years from the date of the accident to file a lawsuit. Because there may be certain exceptions to this rule, you should consult with an attorney as to whether it is too late for you to take action.

What kinds of compensation can I receive?

Generally, personal injury plaintiffs are entitled to seek the following damages if applicable:

Past lost wages
Future lost wages
Past medical expenses
Future medical expenses
Past pain and suffering
Future pain and suffering
Aggravation of pre-existing injuries
Loss of normal life
Emotional distress

How long does it take to settle a claim?

There are no laws that require a claim be settled by a certain time. Generally, the settlement process cannot begin until you have completed all your medical treatment. After completing your medical treatment, we will contact the insurance company with a settlement demand. If the insurance company refuses to pay what we believe to be a fair settlement, we will then file a lawsuit.

What information should I obtain after an auto accident?

1. It is important to get from all drivers involved in the accident, their name, address, telephone number; the license number, make and model of the cars involved; and the name, policy number and contact information for their insurance companies.
2. Names and addresses of any passengers in the other vehicles.
3. The name, addresses and phone numbers of any witnesses.
4. Write down any statements made by the driver who is responsible for the accident.
5. Record the actual location and time of the accident.
6. Record the weather conditions.
7. If the police were called to the scene of the accident, obtain the officer's name and badge number and the city in which the officer works.
8. If the police issued a violation to the other driver, ask the officer what type of violation was issued and the court date.
9. Record the damage to your vehicle and all the other vehicles involved. If possible, take pictures of all the vehicles.
10 If an ambulance has been called to the scene of the accident, obtain the name of the ambulance company or the municipality.

What should I not do after an auto accident?

1. Never give a statement, recorded or otherwise to the other driver's insurance company without first consulting a personal injury attorney.
2. Never give your insurance company a recorded statement without first consulting with a personal injury attorney
3. Never admit responsibility for the accident to anyone at the accident scene.
4. If you are issued a ticket it is okay to sign the ticket. This is not an admission of guilt.
5. Do not plead guilty when you appear in court. Contact an experienced personal injury attorney prior to your court date. They can best advise you on how to handle your court appearance.
6. If you were clearly not at fault, never leave the scene of the accident without first notifying the police. It is important for the preservation of your rights that the police document the circumstances of the accident

Stoller & Garstki
111 N. Wabash Avenue, Ste. 2118
Chicago, IL 60602
Phone: (312) 263-4443

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