Auto accidents are the most common source of severe injuries in Illinois. Sadly, most injuries stemming from motor vehicle collisions could have been prevented with just a little more consideration from just one person involved. Unfortunately, knowing someone else caused your crash by acting irresponsibly and holding them liable for your damages are two very different things, especially if you attempt to pursue your claim without an experienced legal professional.
An experienced Plainfield car accident lawyer could be an irreplaceable ally from start to finish of your legal proceedings. Whether you intend to recover compensation through an insurance claim, private settlement, or civil court trial, a dedicated personal injury attorney’s representation could make all the difference in whether your case’s outcome is positive for you.
Holding Someone Else Accountable for Car Crash Injuries
“Negligence” is the legal concept that serves as the foundation for most motor vehicle accidents in Illinois. This legal theory explains that anyone who drives on the state’s public roads has a “duty” to act responsibly by obeying traffic laws and looking out for other drivers. Anyone who causes a crash resulting in physical injury may be legally “negligent”—and, therefore, financially liable for ensuing losses.
Those losses can be economic or non-economic, meaning they can have objective financial values that are verifiable through bills and receipts or may be subjective with values based on qualitative evidence like witness testimony and journal entries. It is also possible to recover for past and future losses relative to when a plaintiff files their claim. Common damages associated with car accident claims include:
- All costs of medical care, including future therapy, medications, and assistive equipment
- Lost income and diminished future earning capacity
- Personal property damage/loss
- Physical pain and discomfort
- Emotional suffering and distress
- Lost consortium and lost overall enjoyment of life
A knowledgeable attorney in Plainfield could discuss during a private consultation what losses could be recoverable after a specific car crash.
What Factors Can Prevent Financial Recovery After a Car Wreck?
Proving that someone else is at fault for a crash and demonstrating that a plaintiff bears no responsibility for causing their injuries is vital in a vehicle crash case. For example, claimants could be liable for their damages if they broke a traffic law before their wreck occurred or did not seek prompt medical care following the crash.
According to 735 Illinois Compiled Statutes §5/2-1116, anyone found partially responsible for their own injuries may receive a reduced compensation award based on their percentage of the total fault. Unfortunately, any injured person found to be primarily liable for their damages may be ineligible to collect any compensation.
Furthermore, 735 ILCS §5/13-202 limits most prospective plaintiffs to two years maximum after sustaining an injury to begin any lawsuit they intend to file. As a skilled lawyer in Plainfield could affirm, failing to abide by this deadline could bar a plaintiff from obtaining restitution.
Get in Touch with a Car Accident Attorney in Plainfield
Regardless of the circumstances, an auto accident is a traumatic experience. Likewise, recovering compensation for your crash-related injuries can be incredibly complex. Fortunately, there is help available from dedicated legal representatives who have the experience necessary to help protect your rights.
A conversation with a Plainfield car accident lawyer could help put you on course for a positive claim result. Call today to schedule a meeting.