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Chicago Car Accident Lawyer
Serving Cook and DuPage Counties

Car Accident Personal Injury Claim

Whether you were on Interstate 90, Route 53, Northwest Highway or Michigan Avenue – if you’ve been injured in an accident you need to act fast but be prudent. If your car accident injury was due to the negligence of another driver, you’ll need to file a personal injury claim to be compensated for damages based on the crash. Be aware, the insurance company of the driver who was at-fault will require proof that their client was the cause of the car accident and proof that you were injured and/or your car was damaged. The insurance company will do whatever it takes not to compensate you to the fullest degree for the damages you incurred.

At the point of the accident and after you need to take the right steps to protect yourself and your potential case:

Car Accident Compensation

It is very important for injury victims to understand the different types and value of damages incurred from a car accident claim. Victims can often make the mistake of accepting settlement offers without first finding out how much their claim might be worth. This type of mistake can leave them with significantly lower amounts than what they might have otherwise recovered. Properly valuing injury claims may necessitate the help of claims valuation experts who can work with your personal injury attorney. There are many different types of damages that can happen in a car accident:

  • Automotive Repairs (or fair market value if deemed a Total Loss)
  • Medical Bills
  • Loss of Earning Capacity (past and future)
  • Pain and Suffering (physical and emotional stress as a result of injury)
  • Mental Anguish (psychological trauma inflicted upon victim)
  • Loss of Consortium (deprivation of the benefits of a family relationship (including affection and sexual relations due to injuries)
  • Punitive Damages
  • Wrongful Death

Car Accident Lawsuit Statute of Limitations

  • Personal injury: Two Years from the date of the car accident
  • Property damage: Five years from the date of the car accident
  • Lawsuits that might have different time lengths per their statutes of limitations include the following:
    • Cases involving medical malpractice
    • Case involving breach of contract
    • Cases involving warranties
    • Cases involving products liability

Illinois Comparative Fault Laws

If you’ve been injured in a car accident due to someone else’s negligence or fault, you have the right to seek financial compensation via a personal injury claim against the person and/or their insurance company. Should you fail to resolve the personal injury claim with the at-fault party, you may need to file a lawsuit to get the compensation you deserve. In order to get successful outcome in any personal injury case, you need to prove that the other party was at fault for your injuries. Whether the case gets settled through the insurance claims process, a private settlement or in court, the assignment of liability depends on who was more at fault. Illinois is a comparative fault state and any victim who is less than 50% responsible for an accident can recover for their injuries and property damage.

  • Comparative Fault determines how the blame will be divided for any personal injuries or property damage for a given accident and, how the victim’s compensation will be impacted if  judged to have contributed to the accident.
  • Modified Comparative Negligence is a theory of comparative fault that holds that Plaintiff (injured) can obtain damages from a Defendant provided that the Plaintiff’s degree of fault is not more than 50%. If a Plaintiff is determined to have been 50% at fault or more for the incident, then he or she would not be able to obtain compensation for personal injuries from the Defendant.

Furthermore, Illinois’ modified comparative negligence laws will also reduce an injured Plaintiff’s compensation in proportion to his or her degree of fault.

Contact an Illinois Car Accident Attorney Today

If you or a loved one has been injured in an car accident due to the negligence of another person, our experienced attorneys can help you get compensation for the damages you suffered. There’s no fee unless we obtain compensation.

Get a free case review by calling  866-699-3339 ‌or‌ ‌complete‌ ‌the‌‌ ‌case‌ ‌request‌ ‌form‌.‌  

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