Car & motorcycle accidents

Car and motorcycle accidents are common causes of personal injury in Illinois. If you've been injured due to someone else's negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Understanding your rights and the legal process for pursuing a personal injury claim is crucial to securing the financial recovery you deserve. An experienced Illinois personal injury attorney can guide you through the process and fight for your rights.

Expanded Definition and Requirements

Types of Motor Vehicle Accidents Personal injury claims can arise from various types of car and motorcycle accidents, including rear-end collisions, head-on crashes, side-impact accidents, hit-and-run accidents, and those caused by drunk or distracted drivers or defective vehicle parts.

Illinois Negligence Laws Illinois follows a modified comparative negligence system, allowing you to recover damages if you are less than 50% at fault for the accident. Your damages will be reduced by your percentage of fault. Illinois is a "fault" state, meaning the at-fault driver's insurance is responsible for covering damages.

Proving a Personal Injury Case

To succeed in a personal injury claim, you must prove:

1. The other driver owed you a duty of care

2. The driver breached that duty through negligent actions or inaction

3. The breach of duty caused your injuries

4. You suffered actual damages as a result

Evidence to support your claim may include police reports, witness statements, medical records, expert testimony, and photographs or videos of the accident scene and your injuries.

Damages Available

If you prevail in a personal injury claim, you may be entitled to damages such as medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, property damage, and in rare cases, punitive damages.

Statute of Limitations

In Illinois, you generally have two years from the accident date to file a personal injury lawsuit, with some exceptions. Consult with an attorney promptly to protect your rights.

Legal Process for Personal Injury Claims

1. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney to discuss your case

• Provide details about the accident, your injuries, and medical treatment

• Your attorney will investigate the accident, gather evidence, and identify liable parties

2. Medical Treatment and Documentation

• Seek thorough medical evaluation and follow your treatment plan

• Keep records of all medical visits, treatments, and expenses

• Your attorney will obtain your medical records and bills to support your claim

3. Insurance Claim and Negotiation

• Your attorney will notify the at-fault driver's insurance company of your claim

• They will handle all communication and negotiations with the insurer

• If the insurer denies your claim or offers an inadequate settlement, your attorney may recommend filing a lawsuit

4. Filing a Lawsuit

• Your attorney will draft and file a complaint in civil court, outlining your case and the damages sought

• The defendant (at-fault driver) will be served with the complaint and have an opportunity to respond

5. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and experts will be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

6. Mediation or Settlement Negotiations

• Many personal injury cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that covers all your damages

• If a settlement is reached, your attorney will review the terms with you and ensure payment

7. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on fault and the number of damages to be awarded

8. Post-Trial Proceedings and Appeals

• If you win at trial, your attorney will ensure the judgment is properly entered and enforced

• If you lose, your attorney will assess grounds for appeal and advise you on the appellate process

• Your attorney will continue to protect your rights and interests until your case is fully resolved

Your personal injury attorney will be by your side every step of the way, offering their knowledge and expertise to navigate the intricate legal landscape. They will take on the burden of managing complicated legal procedures, allowing you to concentrate on healing both physically and mentally. With your attorney's unwavering commitment to pursuing the highest possible compensation for the harm you've suffered, you can rest assured that they will work tirelessly to ensure the responsible party is held liable for their careless actions.