Illinois is a fault state for car accidents. If you were hurt in an accident in Rockford that was the other driver’s fault, you can sue them for financial compensation. It is okay to feel shocked immediately after the mishap, but you need to be aware of the state laws and must seek legal help. Talk to lawyers from top firms like Tuite Law to understand the situation better. Here are four essential details worth knowing.
- You have a deadline: Usually, you will file a third-party claim with the other driver’s insurance company and ask for a settlement. However, if the insurance amount is unlikely to cover all damages or when your claim is denied, you may have to file a direct personal injury lawsuit against the driver. There is a deadline of two years for such civil lawsuits. Illinois has a statute of limitations, which gives the 2-year limit for most injury-related lawsuits.
- The comparative fault system: What happens when two drivers share the fault for an accident? Probably, you were slightly over the speed limit when the other car crashed into your vehicle. In such situations, Illinois follows the comparative fault rule. You cannot sue the other party if your fault share exceeds 50%. The calculations are complex, but all concerned parties, including insurance companies, will use that rule.
- You should take measures after the accident: Firstly, don’t leave the scene unless it is absolutely important to do so. You should call 911 if you need emergency medical care or if someone else needs attention. You should also call the police and make sure to cooperate with the officer without pinning the blame on anyone. Talk to the other parties and get their contact details. Check if there were witnesses to the scene and ask for their phone numbers.
- Meeting an attorney is necessary: You may believe that you have a strong car accident lawsuit, but a lot depends on evidence. You are liable for proving the other party’s fault, and therefore, it is critical to have the necessary information. When you hire an attorney, they are in charge of talking to witnesses, explaining how car accident laws work in the state, and hiring expert witnesses and accident reconstruction experts.
Your lawyer doesn’t get a penny until you win, which is the best part of hiring legal help for car accident claims. You will pay a contingency fee, which would be a percentage of the final settlement amount.
