In the state of Illinois, there’s a statute of limitations that sets a timeframe within which you need to file a claim. Generally, you have 2 years from the date of the accident to file a personal injury or wrongful death claim. That time extends to 5 years for filing for property damages to your vehicle. But, if you want to make a claim against government entities, such as for poorly maintained roads, you need to require formal notice within 6 months.
However, statutes can be complex and have some exceptions. For example, according to U.S. law, if a minor is injured, the statute doesn’t begin until they turn 18, effectively extending the deadline. Also, if the at-fault party leaves Illinois, the statute of limitations can pause until their return.
Exceptions can also shorten deadlines. For instance, if you’re suing a municipality over dangerous road conditions, the process typically has tighter restrictions, and acting promptly allows you and your legal team to prepare the case before the deadlines.
How to Build a Strong Case
Collecting necessary evidence will prove the fault but also confirm the severity of your damages, strengthening your position during the settlement.
- Take photos: After the accident take clear photos/videos of car damage, road conditions, and visible injuries. Surveillance footage from nearby traffic cameras can also have important proof.
- Collect medical records: Immediately seek medical care to create a direct link between your injuries and the accident. Also, collect documentation from follow-ups, prescriptions, or therapy.
- Witness testimonies: Take contact information if there are any witnesses who can confirm what happened.
- Police report: The official police report is an unbiased account of the crash and an important piece of evidence.
Types of Compensation Available
If you’re looking to secure a (fair) compensation, or are straight-up aiming to get the full available amount you’re entitled to after a car accident in the State of Illinois, it pays to first know and understand the different types of compensations available.
Medical Expenses
Compensations can cover both future and future medical bills related to the car accident (e.g., hospital stay, therapy, prescription, etc.).
Pain and Suffering
Any non-economic damages for physical pain, emotional distress, and reduced quality of life that are related to the accident.
Property Damage
Cost of repairing/replacing your vehicle, plus any other personal items that were damaged due to the car accident.
Punitive Damages
The at-fault party might get punished by the court by awarding punitive damages to you. This happens in cases of extreme negligence or malicious intent.
Lost Wages
All income that you’ve lost due to time off work during recovery, or permanent inability to return to work can be reimbursed.
Mistakes to Avoid After an Accident
A car accident happens in the blink of an eye. And more often than not, confusion disorientation, and shock sets in. Because of this, our judgment may be impaired, and mistakes are prone to happen.
Simply knowing those mistakes can greatly reduce the chance of them occurring.
Delaying Medical Attention
Health first, everything else comes second. You (probably) aren’t a doctor, so you won’t know for sure if you have any external/internal injuries. Even if you are, there’s the adrenaline, the shock, you may not even feel pain at that moment.
But even if YOU decide to disregard your own health, the law is fair but also ruthless. If you fail to seek immediate care may weaken your claim. This is because you’re allowing to create a gap between the accident and your injuries, leaving room for other reasons.
Calling a Lawyer
If you aren’t exactly sure of what to do, don’t forget to consult a lawyer. A Chicago accident lawyer will know if there’s room for compensation. And if there is, they’ll walk you through the required steps over the phone.
(Not) Admitting Fault
“You have the right to remain silent.” is a pretty well-known statement. But other than being arrested, this can also help you in other legal situations. After a car accident, you should avoid making any statements that could be interpreted as admitting fault. Even casually, or as a joke. While they don’t mean now, in court they could hurt your case.
If you’ve said something like that, make sure to let your lawyer know exactly word-by-word.
Not Collecting Evidence
After the accident be sure to gather photos/videos of the whole scene and ensure that the damage is clearly visible. Also, car plates, witness information, and police reports can all be used as crucial proof to support your claim.
Accepting (Low) Settlements
Insurance companies are businesses driven by profit. This is why you can expect them to offer quick and low settlements. Intimidatory language may even be used in order to put pressure on you to take the settlement.
Before you sign anything, be sure to consult a lawyer.
Missing Deadlines
While this may seem as something obvious, it is probably the most important part. Since it’s so easy to do, it is also very easy to forget a deadline, or file it too close for comfort.
If you fail to file within the statute of limitations you may lose your right for compensation completely.
Who’s Responsible? Understanding Legal Liability
In Chicago, multiple parties can share responsibility, allowing victims to seek compensation from all those who contributed to the accident. In most cases, accidents occur because of driver error, like running red lights, high speeds, or tailgating.
But also consider that other parties can share liability. For example, government entities can be liable if there’s poor road maintenance, perhaps defective traffic signs or signals, or something like unsafe construction zones (among other situations). Liability could be shared with the vehicle manufacturers as well. This can happen if the car you’re driving has a defect (e.g., faulty brakes, faulty airbags, etc.). Employers can also be held accountable. For instance, if a commercial driver has caused a crash while performing their job duties.
Comparative negligence is used in Illinois, which means that a partially guilty driver can still collect compensation, but it’s reduced by the percentage of fault. This system makes sure that liability is fairly distributed among all those responsible.
Conclusion
Car accidents are not bad just because they happen. They are also complicated to deal with from a legal standpoint. However, if you understand your rights/responsibilities, you’ll have a much easier time dealing with the aftermath, but you’ll also increase your chances of a successful outcome.
But if you’re not confident enough in what needs to be done after a car accident occurs, don’t forget that you can always consult an attorney who’ll guide you through the process.
