Navigating the Illinois Legal System after a Car Crash

 Posted on January 30, 2023 in Car Accidents

Being involved in a car accident can be a traumatic and overwhelming experience. It can be difficult to know what steps to take in the aftermath of an accident, especially when it comes to navigating the legal system. In Illinois, some specific guidelines and procedures must be followed to file a claim for damages. Understanding the legal process can help you understand your case easier.

Gathering Evidence

After a car accident, it is important to gather as much evidence as possible. This evidence can be used to prove liability and establish the extent of the damages suffered.

Some common types of evidence to collect include:

• Police reports – The police report can provide important information about the accident, including the names of the parties involved and the cause of the accident.
• Eyewitness statements – Eyewitnesses can provide valuable testimony about how the accident occurred.
• Photographs – Taking pictures of the scene of the accident, the damage to the vehicles involved, and any injuries sustained can be very beneficial when making a claim.
• Medical records – It is important to seek medical attention immediately after an accident, regardless of the severity of the injuries. Medical records can be used to document the injuries and establish the extent of the injuries you are dealing with.

Determining Liability

The next step in the legal process is determining who is liable for the accident. In Illinois, the person or party who caused the accident is responsible for the damages. To prove negligence, it must be shown that the liable party failed to exercise reasonable care, and this failure caused the accident. Insurance companies play a significant role in determining liability, and an attorney can help you negotiate with the insurance companies.

Filing a Lawsuit

If liability is established, you may choose to file a lawsuit to seek compensation for their damages. The statute of limitation for car accident cases in Illinois is two years, meaning that you generally have two years from the accident date to file a lawsuit. The types of damages that can be claimed in a car accident lawsuit include:

• Medical expenses – This includes the cost of medical treatment, rehabilitation, and other medical expenses incurred due to the accident.
• Lost wages – If you cannot work after the accident, your claim can include a demand for your lost wages.
• Pain and suffering – This includes physical pain, emotional distress, and other non-economic losses from the accident.

Settling Your Claim

Many car accident cases are settled out of court. This means that the parties agree on the compensation to be paid without needing a trial. However, you can increase your chances of a favorable settlement by building a case with the intent of taking it to trial, and a qualified attorney can help.

Contact a Chicago Personal Injury Attorney Today

Navigating a case after a car accident in Illinois can be complicated. Reach out to an Illinois car crash lawyer for help along the way. We understand the nuances of Illinois law and will fight to get the best possible results for your case. Call 312-236-6324 today for a free consultation.

Source: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000