Insurance companies are businesses first. When you file a claim after a serious accident, their goal is often to pay you as little as possible — or nothing at all. If you have been injured and an insurer is standing between you and the compensation you deserve, you may have the right to sue. The attorneys at Riz Injury Law help accident victims throughout Chicago and Illinois hold insurance companies accountable and recover the full damages they are owed.
Why Would You Sue an Insurance Company After an Accident?
Most people assume that filing an insurance claim is straightforward — you submit your information, the insurer reviews it, and you receive a fair payout. Unfortunately, that is rarely how it works. Insurance companies frequently engage in tactics designed to protect their bottom line at your expense.
You may have grounds to pursue legal action against an insurance company if they:
- Deny your claim without a valid reason, citing technicalities or policy exclusions that do not legitimately apply
- Delay processing your claim unreasonably, leaving you without funds to cover medical bills or lost income
- Offer an inadequate settlement that fails to reflect the true extent of your injuries and losses
- Refuse to cover necessary medical expenses that fall clearly within your policy
- Fail to act in good faith, which is a legal standard insurers are required to meet
- Decline to engage in fair settlement negotiations, forcing you into litigation unnecessarily
When an insurer engages in any of these behaviors, you have legal options — and the attorneys at Riz Injury Law are ready to help you pursue them.
Types of Insurance Claims You May Have After an Accident
Depending on the nature of your accident and the losses you suffered, multiple insurance policies may come into play. The attorneys at Riz Injury Law can help you identify all applicable coverage and pursue claims under each relevant policy.
Common insurance types involved in accident cases include:
- Life insurance — if a loved one was killed in the accident
- Health insurance — to cover the cost of medical treatment and ongoing care
- Auto insurance — for injuries caused by a negligent driver in a cacar accident
- Homeowner’s insurance — for injuries that occurred on someone else’s property
Understanding which policies apply to your situation is one of the first steps in building a strong claim.
How Does the Lawsuit Process Work?
Suing an insurance company follows the same general process as other civil litigation in Illinois. Here is what you can expect:
- Filing a Complaint — Your attorney files a formal complaint in court, outlining your claims and the relief you are seeking. The insurance company is officially notified.
- Discovery — Both sides gather evidence. This includes depositions, document requests, interrogatories, and expert witness disclosures.
- Negotiation and Settlement — Many cases settle during or after discovery, once both sides have a clearer picture of the evidence. A skilled attorney will negotiate aggressively on your behalf.
- Trial — If no fair settlement is reached, the case proceeds to trial, where a judge or jury determines the outcome.
Having experienced legal representation at every stage of this process is critical. Insurance companies have legal teams working for them — you deserve the same.
What Is the Burden of Proof in an Insurance Lawsuit?
To prevail in a lawsuit against an insurance company, you must demonstrate the other party’s liability and negligence. This requires presenting compelling evidence that supports your claim.
Evidence used in insurance lawsuits often includes:
- Witness testimony from people who saw the accident
- Medical treatment records documenting your injuries
- Accident reports filed by law enforcement
- Expert opinions from medical professionals or accident reconstruction specialists
- Photographs, video footage, and physical evidence from the scene
The attorneys at Riz Injury Law conduct thorough investigations to build the strongest possible evidentiary record on your behalf.
What Damages Can You Recover from an Insurance Company?
When you successfully sue an insurance company, you may be entitled to a range of damages, including:
- Pain and suffering — compensation for the physical pain and emotional toll of your injuries
- Emotional distress — damages for psychological harm resulting from the accident
- Medical bills — reimbursement for past and future medical expenses
- Lost wages — compensation for income you lost while recovering, and future earning capacity if applicable
- Punitive damages — in cases where the insurance company’s conduct was especially egregious or in bad faith, courts may award punitive damages to punish the insurer and deter similar behavior
What Happens When You Sue an Insurance Company?
One important consideration in insurance lawsuits is the potential for a case to be removed from state court to federal court. Insurance companies often pursue this strategy under the doctrine of diversity jurisdiction.
Under 28 U.S.C. § 1446, an insurance company can transfer (“remove”) a case from state court to federal court if:
- The parties are citizens of different states or one party is a foreign entity
- The amount in controversy exceeds $75,000
This removal to federal court can affect litigation timelines and procedural rules, which is another reason having an experienced attorney in your corner matters. The attorneys at Riz Injury Law are familiar with both state and federal court procedures and are prepared to handle your case wherever it is litigated.
Can You Sue an Insurance Company Without a Lawyer?
Technically, yes — you have the right to represent yourself. However, it is rarely advisable. Insurance companies employ experienced defense attorneys whose job is to minimize payouts. Going up against them without legal representation puts you at a serious disadvantage.
It is also important to know that you can sue your own insurance company if they deny your claim without justification or offer a settlement that does not fairly compensate your losses. This is especially common in uninsured/underinsured motorist claims and first-party insurance disputes.
The attorneys at Riz Injury Law level the playing field. We handle all communications with the insurer, build your case, and fight for every dollar you deserve.
How Long Do You Have to Sue an Insurance Company?
The time you have to file a lawsuit is governed by the statute of limitations in your state. Missing this deadline can permanently bar you from recovering compensation, so it is critical to act promptly.
Statutes of limitations for personal injury and insurance claims vary by state:
| State | Time Limit |
|---|---|
| Illinois | 2 years |
| Indiana | 2 years |
| Iowa | 2 years |
| Kentucky | 1 year (2 years for serious injuries in motor vehicle accidents) |
| Ohio | 2 years |
| Michigan | 3 years |
| Minnesota | 6 years |
| Missouri | 5 years |
| Wisconsin | 3 years |
If you were injured in Chicago or elsewhere in Illinois, you generally have two years from the date of your accident to file suit. Do not wait — evidence fades, witnesses become harder to locate, and legal deadlines are unforgiving.
What Kind of Lawyer Do You Need to Sue an Insurance Company?
You need a personal injury attorney with specific experience handling insurance disputes and bad faith claims. This is not a general practice area — navigating insurance law requires deep familiarity with policy language, insurer tactics, and the procedural nuances of insurance litigation.
What Can an Attorney at Riz Injury Law Do for You?
The attorneys at Riz Injury Law bring comprehensive legal support to every case, including:
- Explaining your policy — translating complex insurance language into plain terms so you understand your rights and coverage
- Conducting thorough investigations — gathering and preserving all evidence needed to support your claim
- Negotiating aggressively — pursuing the maximum settlement before trial when possible
- Handling all paperwork — preparing and filing legal documents accurately and on time
- Representing you in court — standing by your side through every stage of litigation if a trial becomes necessary
Contact Riz Injury Law Today — Free Consultation
If an insurance company is denying, delaying, or underpaying your claim after an accident in Chicago or anywhere in Illinois, you do not have to fight alone. Riz Injury Law is here to help.
We offer free consultations and work on a contingency fee basis — meaning you pay nothing unless we win your case. There is no financial risk to finding out where you stand.
Contact Riz Injury Law today to speak with an experienced Chicago personal injury attorney and start building your case.
Injured and have questions? The attorneys at Riz Injury Law offer free consultations — call (312) 546-5109.