Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
On this page, we’ll discuss the Process of Suing Someone For a Car Accident, the instances in which you may be able to seek compensation after a car accident, the types of compensation available through a car crash lawsuit, the legal process for a car accident claim, and much more.
If you’ve been in a serious car accident, you’re probably wondering: Can I sue the other driver?
It’s a common question — and a good one.
Most car accident cases start with an insurance claim.
In many situations, the at-fault driver’s insurance covers medical bills, car repairs, and other damages.
But what happens when the insurance company refuses to pay what’s fair?
Or when your injuries are more severe than what insurance will cover?
That’s when a personal injury lawsuit might be necessary.
As personal injury lawyers, we know the idea of suing someone can feel overwhelming.
You might not know where to start — or if it’s even worth it.
If you’ve been hurt in a crash that wasn’t your fault, we’re here to guide you on how you can file your car accident lawsuit.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you’re eligible for an auto accident lawsuit.
Before you decide whether to sue, it’s important to understand the difference between a car accident claim and a car accident lawsuit.
While both aim to recover compensation for your injuries and losses, they follow very different paths.
Filing a car accident claim is usually the first step after a crash.
It’s a request for compensation that you or your lawyer submit to the at-fault driver’s insurance company.
The claim includes information about your injuries, vehicle damage, lost income, and other damages you’ve endured after the accident occurred.
Insurance companies will investigate the claim, determine who was at fault, and make a settlement offer.
Many claims are resolved at this stage without needing to go to court.
Sometimes, the insurance company won’t offer a fair settlement — or won’t accept responsibility at all.
If negotiations stall or your injuries are serious, you may need to file a personal injury lawsuit to pursue full compensation.
A lawsuit is a formal legal process that takes place in civil court.
Unlike a claim, which is handled through private negotiations, a lawsuit involves a judge, and possibly a jury, who will decide the outcome.
Getting a settlement can take longer in a car accident lawsuit.
It’s also more complex, meaning you’ll need an experienced attorney representing you to streamline and speed up your personal injury lawsuit.
Filing a lawsuit isn’t always necessary, but in some situations, it’s the best (or only) way to recover the compensation you deserve.
If you’ve suffered serious injuries or you’re dealing with an uncooperative insurance company, it may be time to take legal action.
Common reasons people decide to sue after a car accident includes:
If you’re facing long-term medical treatment, permanent disability, or chronic pain, your required settlement amount may go far beyond what an insurance company is willing to pay.
These cases often involve:
When your future health and income are at stake, it’s important to have your case fully evaluated, which often means filing a lawsuit.
If the at-fault driver doesn’t have insurance — or not enough to cover your expenses — you may have no choice but to file a lawsuit to recover damages.
While some drivers carry uninsured/underinsured motorist coverage on their own policies, not everyone does.
In these situations, legal action can help you explore other avenues of recovery, such as suing the driver personally or investigating third-party liability.
Unfortunately, some insurers use delay tactics, deny valid claims, or offer extremely low settlements.
If you’ve provided medical records, accident reports, and other documentation but still can’t make progress, a lawsuit can apply the legal pressure needed to get a fair result.
In some cases, insurers may even act in bad faith, which opens the door to additional compensation.
When the other driver denies fault — or their insurer claims you caused the accident — you may find yourself wrongly blamed.
This is especially common in complex accidents involving multiple vehicles, limited witnesses, or conflicting statements.
A lawsuit gives you a chance to present your evidence in court, where a neutral third party can decide who is truly at fault.
A lawsuit can also enable you to recover compensation even if you’re partly at fault for the auto accident.
If you lost a loved one in a crash, you may have grounds for a wrongful death lawsuit.
This type of claim allows family members to seek compensation for medical bills, funeral costs, loss of income, and the emotional toll of losing a loved one.
We understand how devastating this kind of loss is — and we’re here to help guide you through the legal process with compassion and care.
If you’ve never been through a lawsuit before, it can feel intimidating.
Understanding the steps involved can make the process feel a lot more manageable.
When you work with an experienced car accident lawyer, you’re not expected to handle everything on your own — we guide you through each phase and take on the heavy lifting.
Steps of the process usually includes:
Before anything is filed, we start by evaluating your case.
This involves listening to your story, reviewing your medical records, and examining any available evidence — such as police reports, photographs from the scene, and witness statements.
During this consultation, we’ll help you understand whether a lawsuit makes sense based on your injuries, the available insurance coverage, and the likelihood of success.
If we believe you have a strong case, we’ll move forward at no cost to you unless we win.
Once we agree to take your case, our team will get to work on building it, which means digging deeper into the facts of the accident.
We may request numerous pieces of personal injury evidence, including:
In many cases, we also work with accident reconstruction experts or medical professionals to determine who’s at fault.
These experts help explain exactly how the crash occurred and the long-term impact of your injuries — something that can be crucial if the case goes to court.
When it’s clear that settlement talks aren’t getting anywhere — or if the deadline to file is approaching — we’ll prepare and file a legal document called a complaint.
This document outlines your allegations against the at-fault party and explains the damages you’re seeking.
Once the complaint is filed with the court, the defendant (usually the other driver or their insurance company) is served with a copy and given time to respond.
This officially starts the car accident and personal injury lawsuit process.
Experienced car accident lawyers like us ensure that your case is filed within the statute of limitations.
After the lawsuit is filed, both sides enter what’s called discovery.
This is a formal exchange of information between the parties.
It can involve written questions, requests for documents, and depositions — recorded interviews given under oath.
The goal of discovery is to gather all the facts, understand each side’s arguments, and avoid surprises at trial.
This phase can last several months, depending on the complexity of the case.
Even after a lawsuit is filed, most car accident cases still settle before going to trial.
With the evidence laid out and both sides clearer on what happened, negotiations often become more productive.
We’ll participate in mediation — a guided conversation with a neutral third party — to try to reach an agreement.
We’ll handle all of the back-and-forth and keep you updated on every offer.
You’ll never be pressured to accept a settlement you’re not comfortable with.
If a fair settlement can’t be reached, your case may go to trial.
At that point, a judge or jury will hear the evidence and decide the outcome.
Trials can be stressful and have lengthy timelines, but we’ll be by your side the entire time, presenting your case clearly and fighting for the compensation you deserve.
While trials are less common, we prepare every case as if it’s going to court.
This level of preparation gives us a strong advantage whether we’re in front of a jury or sitting at the negotiation table.
After a car accident, it’s easy to feel overwhelmed — especially if you’re injured, missing work, and trying to deal with an insurance company that’s not playing fair.
You might be tempted to handle things on your own, but the truth is that hiring a lawyer can make all the difference in the outcome and timeline of your case.
Insurance companies are businesses, and their goal is to pay out as little as possible with teams of adjusters and lawyers working to protect their bottom line.
Without someone experienced on your side, it’s easy to get lowballed or pressured into a quick settlement that doesn’t come close to covering your medical bills, lost income, or pain and suffering.
We know how insurers operate. We’ve seen the tactics they use to delay, deny, or downplay legitimate claims.
When we’re involved, they know they can’t get away with it.
We take over all communication, settlement calculations, and negotiations so you can focus on your recovery, not arguing with adjusters.
A successful lawsuit is all about telling your story and proving liability.
That means gathering the right evidence, meeting legal deadlines, filing documents properly, and preparing arguments that stand up in court.
We have the experience, resources, and network of experts to do all of that for you.
Whether your case is settled within the ideal timelines or decided at trial, we make sure it’s built on solid ground.
You won’t have to worry about what comes next because we guide you through every step and answer every question along the way.
At TorHoerman Law, we’ve handled hundreds of auto accident cases for clients across Illinois and Missouri.
We know how devastating a serious crash can be and how frustrating it is when you’re not being treated fairly.
We offer free, no-obligation consultations, so you can get answers without any pressure or costs upfront.
We take cases on a contingency fee basis.
This means that if we take your case, you won’t pay anything unless we win.
Our team is committed to getting you the compensation you need to move forward — and we’ll fight for you every step of the way.
Most car accident claims settle without going to trial — but when the injuries are serious or the insurance company won’t play fair, filing a lawsuit may be your best path to justice.
If you’re unsure where to start, we’re here to help.
At TorHoerman Law, we’ll walk you through every step, fight for what you’re owed, and make sure your voice is heard.
Contact us at TorHoerman Law for a free consultation.
You can also use the chatbot on this page to instantly find out if you’re eligible for a car accident lawsuit.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.