Illinois Car Accident Claim and Representation Services
You’re here because you or a loved one was involved in a car accident in Illinois.
Maybe it was a fender bender that left you with a few bruises. Or maybe it was something more serious that resulted in hospitalization and long-term damage. You may be dealing with injuries, property damage, lost wages, or more. The last thing you want to deal with is figuring out how to navigate the legal system.
Take a breath as Mr. Hess and his able team of Illinois car accident attorneys at Hess Injury Law will guide you through the process of filing an insurance claim and, if necessary, filing a personal injury lawsuit.
Call us now at (847)7084377 to schedule a free consultation, or keep reading to learn more about what to do after a car accident in Illinois.
Illinois Car Accident Laws
After a car accident, you will likely deal with insurance adjusters, investigators, and possibly even lawyers. It’s important that you understand your rights under Illinois law.
Here’s a breakdown of some key Illinois car accident laws:
- All drivers must carry liability insurance in Illinois.
- The minimum limits for liability insurance are:
- $25,000 for bodily injury per person
- $50,000 for total bodily injury per accident
- $20,000 for property damage per accident
- Drivers must exchange information (including insurance information) after an accident.
- All drivers must report accidents that resulted in injury, death, or property damage over $1,500 to the Illinois Department of Transportation (DOT).
- Drivers should stop after an accident and render aid if someone is injured.
- Illinois is a “fault” state when it comes to car accidents. This means that the driver who caused the accident is liable for the damages.
- The statute of limitations for most car accident lawsuits in Illinois is two years from the date of the accident.
The web of Illinois accident laws gets deeper the more you look into them. The best way to ensure your rights are protected is by working with an experienced car accident attorney in Illinois.
Proving Fault in an Illinois Car Accident
To recover damages in an Illinois car accident case, you will need to prove that the other driver was at fault.
This can be achieved if:
- The other driver admits that they were at fault. This is fairly rare.
- The police report indicates that the driver was at fault.
- Eyewitness testimony proves the driver was at fault.
- Accident reconstruction experts conclude that the motorist was at fault.
- The driver violated a traffic law.
Technology can also be used as evidence in a car accident case. If you have a dash cam, it can be used to show what happened. And if the other driver was using their phone at the time of the accident, that can also be used.
Causation
In addition to proving that the other driver was at fault, you will also need to prove causation. This means that you will need to show that the other driver’s negligence caused your injuries.
Let’s say, for example, that you were in a car accident and you broke your arm. To recover damages for your broken arm, you will need to show that the other driver’s negligence caused your injury.
You will also need to prove the extent of your injuries. This means that you will need to show how the accident has impacted your life. For example, if you have to miss work because of your injuries, you will need to prove that you lost income as a result of the accident.
Damages in an Illinois Car Accident Case
There are two types of damages in an Illinois car accident case: economic and non-economic. Economic damages are those that have a specific monetary value.
They include:
- Medical Expenses: Bills related to emergency care, surgeries, hospitalization, medication, physical therapy, etc.
- Lost Wages: Income lost as a result of being unable to work due to accident-related injuries.
- Property Damage: The cost of repairing or replacing your vehicle.
Non-economic damages are those that do not have a specific monetary value.
They include:
- Pain and Suffering: The physical and emotional anguish caused by the accident and injuries.
- Disfigurement: Physical injuries that cause disfigurement or scarring.
- Disability: Physical injuries that cause long-term or permanent disability.
- Loss of Normal Life: The impact that the accident and injuries have on your daily life.
The amount of damages you are entitled to will depend on the facts of your case. An experienced car accident attorney from Hess Injury Law will be able to help you determine the value of your case and fight for the compensation you deserve.
Receipts, invoices, and other documentation can be used to prove property damage and other economic losses. Other evidence, such as testimony from family and friends, can be used to prove non-economic damages.
Illinois is an At-Fault State
In Illinois, drivers are responsible for their accidents and injuries. This is known as the “at-fault” system.
The at-fault system means that the driver who caused an accident is responsible for the damages. In other words, if you are in an accident caused by another driver, you can file a claim against that driver to recover damages.
The at-fault system also means that drivers are responsible for their injuries. This is why it’s so important to have car insurance in Illinois. If you are in an accident, your insurance will pay for your damages (up to your policy limits).
If you don’t have car insurance, you will be responsible for paying for your own damages. And if the other driver doesn’t have insurance, you may be out of luck. This is why it’s so important to have uninsured/underinsured motorist coverage in Illinois.
Uninsured/underinsured motorist coverage (UM/UIM) is optional in Illinois, but it’s something that every driver should have. UM/UIM coverage will pay for your damages if you are in an accident with an uninsured driver or a driver with insufficient insurance.
Filing a Lawsuit
If you were in a car accident and you believe that the other driver was at fault, but the insurance company refuses to pay your claim or will not pay the full amount of your damages, you may need to file a lawsuit.
As stated above, the statute of limitations for most car accident lawsuits in Illinois is two years from the date of the accident. This means that you will need to file your lawsuit within two years of the date of the accident, or you will be barred from doing so.
If you decide to file a lawsuit, your attorney will need to prove that the other driver was at fault and that their negligence caused your injuries. As mentioned earlier, this can be done in a number of ways. Your attorney will also need to prove your damages. This can be done with medical records, lost wage records, and other documentation.
If you win your lawsuit, the court will order the at-fault driver to pay you for your damages. If the at-fault driver does not have enough insurance to cover your damages, you may be able to garnish their wages or put a lien on their property.
Settling Your Claim
In many cases, the insurance company will agree to settle your claim without you having to file a lawsuit. If the insurance company offers you a settlement, you should have an attorney review the offer before you accept it.
Claim Appeal
If you have filed a car accident insurance claim that has been denied, you may be able to appeal the decision. The appeals process can be complex, so it is important to have an experienced Illinois car accident lawyer on your side.
Your attorney will need to review your case and the insurance company’s denial letter to see if there are grounds for an appeal. If there are grounds for an appeal, your attorney will file the necessary paperwork and represent you during the appeals process.
Get Help from an Experienced Illinois Car Accident Attorney
We understand that being injured in an accident can be a traumatic experience. We will work diligently to ensure that you receive the maximum amount of compensation for your injuries.
Contact us today to schedule a free consultation.
Frequently Asked Questions about Illinois Car Accident Claims
In Illinois, you have two years from the accident date to file a car accident claim. This is nown as the statute of limitations. If you do not file your claim within this timeframe, you will be barred from doing so.
Yes, you can still file a car accident claim even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
No, you should not accept the insurance company’s settlement offer without first having an attorney review it. Insurance companies are in the business of making money, not paying out claims. This means that they will likely lowball you on your settlement offer. An experienced Illinois car accident lawyer will be able to negotiate with the insurance company to try to get a higher settlement offer.
Our Illinois personal injury and car accident attorneys will review your claim and the insurance company’s denial letter to see if there are grounds for an appeal. If there are grounds for an appeal, we will file the necessary paperwork and represent you during the appeals process.
There is no such thing as an “average” settlement for a car accident. The amount of your settlement will depend on many factors, including the severity of your injuries and the amount of damages you have incurred.
But if you need a precise number, the median settlement for car accidents in 2020 in Illinois was $32,978.
Many different factors can contribute to a car accident.
Some of the most common causes of car accidents include:
- Distracted driving
- Drunk driving
- Reckless driving
- Speeding
- Poor road conditions
- Defective car parts
While the temptation to save money by handling your own claim may be strong, it is not advisable to do so. Insurance companies are in the business of making money and will likely take advantage of you if you try to handle your own claim. An experienced car accident lawyer will level the playing field and give you the best chance at getting the full amount of compensation that you deserve.
You can claim compensation for both physical and psychological injuries sustained in a car accident.
Some of the most common types of injuries include:
- Whiplash
- Broken bones
- Lacerations
- Burns
- Soft tissue damage
- Psychological trauma
- Headaches
- Numbness or tingling in the extremities
- Sprains and strains
- Internal bleeding
- Organ damage
- Death
If you have been injured in a car accident, you may be able to recover both economic and non-economic damages. Economic damages are those that have a specific monetary value, such as medical bills and lost wages. Non-economic damages are those that do not have a specific monetary value, such as pain and suffering and emotional distress.
Pain and suffering are typically compensated through a multiplier. The insurance company may take your economic damages (medical bills, lost wages, etc.) and multiply them by a number between 1.5 and 5, depending on the severity of your injuries.
For example, if you have $10,000 in economic damages and the insurance company uses a multiplier of 2, you would be eligible for $20,000 in pain and suffering damages.
At Hess Injury Law, personal injury claims are often taken on a contingency basis. This means that you may not owe us anything unless and until we recover compensation for you. You may not owe us a penny if we do not win your case.