An ill-fated car crash can derail your life. It is rather sad that hundreds of car accidents and crashes are reported in Illinois every year. If the accident happened because of someone’s recklessness or negligence, the victim may file a personal injury lawsuit, to recover losses and damages. Illinois is an at-fault state, which means that the driver at fault will pay compensation to the victim(s), through their insurance company. However, car accidents are rarely simple, and getting a fair settlement can be hard at times.
Working with a Rockford auto accident attorney can be useful for your insurance claim, and personal injury lawsuit (if needed). After the accident, get medical help and inform the police, but before you talk to your insurance company, consider seeking legal advice first. In this post, we are sharing more on car accident laws in Illinois.
Statute of limitations
Like in other states, Illinois also has a statute of limitations, which allows a period of two years to file personal injury lawsuits against the party at fault. The count starts from the date of the accident. If you lost a loved one in the accident and want to file a wrongful death lawsuit, you have to do that within a year of the person’s death. For just vehicle damage, the statute of limitations allows a period of five years to bring such lawsuits.
The “comparative fault” rule
Illinois follows the “comparative fault” rule. This means when both parties have their share of fault, their compensation awarded reduces accordingly. For example, if you were awarded $20,000 in settlement, but your share of fault was marked at 40%, you will only get $12,000 as the final compensation. However, if your share of blame is more than 50%, you cannot recover anything at all.
Do you need a lawyer?
Following the accident, you may feel overwhelmed and shocked, and insurance companies know that. Their claims adjuster may call you with an offer, or ask for a statement. Wait for a lawyer to guide on these aspects. Insurance companies want to reduce their financial burden, and they often look for reasons to deny a claim. At times, they may even pin the entire blame on you. With a known accident attorney by your side, you don’t have to take chances. Your lawyer will ensure that you don’t settle for anything less, and if needed, they can go to court too.
You can check online for best-rated accident attorneys in Illinois!