If you have just retained a car accident lawyer, you may be wondering what happens next, it is one of the most common questions new clients ask. The first 30 days of representation are not idle time. Your attorney is moving on several fronts at once to build and protect your claim before evidence disappears and insurance deadlines pass.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
Step 1: The Retention Letter and Contingency Fee Agreement
The engagement formally begins when you and your attorney sign a contingency fee agreement. Under Illinois Rules of Professional Conduct Rule 1.5, contingency fee arrangements must be in writing and must clearly state the percentage the attorney will earn, how expenses are handled, and what happens if the case settles versus goes to trial.
Two costs are involved in a personal injury case and they work differently. Attorney fees are a percentage of the recovery, you pay nothing unless money is recovered. Litigation expenses (filing fees, medical records costs, expert fees) are typically advanced by the attorney and later deducted from the settlement or verdict. Your fee agreement should spell out both. Read it carefully before signing and ask your attorney to walk through any language you do not understand.
Rule 1.5 also requires that a fee, contingency or otherwise, be reasonable, and it lists factors courts consider in evaluating reasonableness: the time and labor required, the complexity of the case, the fee customarily charged for similar work, and the experience and reputation of the lawyer, among others. This matters because a contingency percentage is not simply whatever number a firm chooses to write into the agreement; it needs to hold up as reasonable under the same professional-conduct standard that governs every other fee arrangement.
Step 2: Letters of Representation to All Insurers
Within the first few days, your attorney will send a letter of representation to every insurer involved. This includes the at-fault driver’s liability carrier, your own insurer if you have uninsured or underinsured motorist coverage, and any other carrier that may be on the hook. Under the Health Care Services Lien Act (770 ILCS 23), your attorney will also begin tracking any medical liens, amounts that a hospital or other treating provider may claim against your eventual recovery. Your health insurer may assert a separate reimbursement or subrogation claim, and your attorney tracks that as well.
Your own attorney also has a lien on your case, though it works differently from a medical provider’s lien. Under the Illinois Attorneys Lien Act, 770 ILCS 5, an attorney perfects a lien on the claim by serving written notice on the party the client has a claim against, and that lien then attaches to any judgment, order, or recovered money or property from the moment of notice forward. This is the mechanism that guarantees your attorney’s fee actually gets paid out of the settlement, rather than requiring a separate collection action against you personally, and it is a routine, standard part of the process, not a sign anything is wrong with your case.
Once a letter of representation is on file, insurers are required to communicate with your attorney rather than directly with you. If an adjuster calls you after representation is established, you can refer them to your lawyer. You are not obligated to speak with the opposing insurer once you have legal representation.
Step 3: Certified Policy Limits Request
One of the first strategic moves your attorney makes is a certified written request to the at-fault driver’s insurer for disclosure of the policy limits. Illinois law under 215 ILCS 5/143.24b requires the insurer to respond within 30 days of a proper request that includes the required description of the injury and supporting medical documentation. Knowing the coverage limits early shapes the entire strategy. If the policy is too small to cover your injuries, your attorney will begin investigating whether you have underinsured motorist coverage, whether additional defendants exist, or whether other insurance sources may apply.
Step 4: Medical Records Requests and Ongoing Treatment
Your attorney will send medical authorization forms for you to sign so the firm can request records from every provider who treated you, the emergency room, primary care physician, any specialists, physical therapists, and imaging centers. Gathering complete records takes time because hospitals and clinics often have their own processing timelines. Your attorney cannot fully evaluate your claim without understanding the full scope of your injuries and treatment.
Continuing your recommended medical treatment consistently during this period matters. Gaps in treatment are one of the most common arguments insurers use to minimize a claim. Follow your doctor’s instructions, attend all appointments, and keep your attorney informed of any new symptoms or diagnoses. If you are unsure which specialists you should be seeing, our guide on what doctors to see after a Chicago car accident explains why the order of treatment matters.
Step 5: Preservation and Spoliation Letters
If any relevant evidence might be in the control of a third party, your attorney will send a spoliation or preservation letter demanding that the evidence be retained. Common examples include dashboard camera footage from the at-fault vehicle, surveillance video from nearby businesses, black box data from commercial trucks, and any maintenance or inspection records. This letter puts the other party on legal notice that the evidence is relevant and must not be destroyed. Failure to preserve after notice can result in sanctions or adverse-inference instructions at trial.
These steps together form the foundation of your claim. Handling car accident claims in Chicago involves many moving parts in the early weeks, and your attorney’s job is to make sure nothing is missed while you focus on your recovery.
A Realistic Example
Hypothetical, for illustration only: A new client retains counsel two weeks after a rear-end crash on the Kennedy Expressway. Within the first five business days, letters of representation go out to the at-fault driver’s carrier and the client’s own UM/UIM carrier, a certified policy-limits request is mailed by day seven, and a preservation letter goes to a nearby gas station whose exterior camera likely captured the crash, sent before the station’s typical two-week footage-retention window closes. By day twenty, medical authorizations have produced records from the ER and the client’s first orthopedic visit, and the attorney has confirmed the at-fault carrier received the policy-limits request with eighteen days remaining on its thirty-day statutory deadline. None of this activity is visible to the client day-to-day, which is exactly why firms walk new clients through what is actually happening behind the scenes during a period that can otherwise feel like nothing is moving.
What You Should Be Doing in the First 30 Days
While your attorney handles the legal work, your role is to get better and stay organized. Keep a journal documenting your daily pain levels, any activities you cannot do, and how the injury affects your work and family life. Save all receipts related to the accident, medical co-pays, prescription costs, transportation to appointments, and any out-of-pocket expenses. If you miss work, document the hours and wages lost. This information will support the damages calculation later.
Avoid posting about the accident or your injuries on social media. Insurance adjusters and defense attorneys routinely review plaintiffs’ social media accounts. A photo of you attending a family gathering can be taken out of context and used to undermine your injury claims.
Frequently Asked Questions
Will I hear from my attorney regularly during these first 30 days?
You should receive at least an initial update confirming the letters of representation and policy-limits request went out, and most firms provide periodic status updates even when there is no major development. If weeks pass with no communication at all, it is reasonable to call and ask for a status update; Rule 1.4 of the Illinois Rules of Professional Conduct requires attorneys to keep clients reasonably informed.
What if I already gave a statement to the at-fault driver’s insurer before hiring a lawyer?
Tell your attorney immediately so they can review exactly what was said and address any inconsistencies with your actual medical record proactively, rather than letting the insurer raise it first. An early statement is a common, fixable issue, not something that typically derails a case on its own.
Does the attorney’s lien mean I owe money even if my case loses?
No. In a standard contingency arrangement, the attorney’s fee only comes out of an actual recovery; the lien under 770 ILCS 5 simply secures payment out of whatever is recovered, it does not create a separate personal debt if the case does not result in a settlement or verdict.
Talk to a Chicago Attorney, Free Consultation
If you were injured in a car accident and want to understand what the legal process looks like from day one, Phillips Law Offices is available to walk you through it. Call (312) 346-4262 or visit our contact page to schedule a free consultation. There is no fee unless we recover money for you.
Related guides on hiring a car accident lawyer
- Start here: How to Choose a Rear-End Accident Lawyer in Chicago
- How Much Does a Car Accident Lawyer Cost in Chicago?
- When to Hire a Lawyer After a Chicago Car Accident
Talk to a Chicago car accident lawyer. Phillips Law Offices offers a free case review, and there is no fee unless we recover for you. Call (312) 346-4262 or request a free case review.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.