Every day, thousands of people across the US experience car accidents, sometimes with devastating consequences. Every state has unique laws for resolving car accidents, and typically an insurance claim is the first step in your recovery when another driver has hurt you in an accident. For example, Illinois is a fault state, so an at-fault driver is liable for damages they cause to others when their actions result in accidents. However, if the at-fault driver flees the accident scene, the victim is likely to wonder how they can hold them accountable for their damages.
Legal Representation for Victims of Hit-and-Run Accidents in Boone County, IL
If you or a loved one recently suffered injuries and economic losses in a hit-and-run accident in Boone County, it’s natural to have questions and concerns about approaching the legal process of recovery from this type of incident. In addition, if you cannot locate the at-fault driver, you may worry about how to recover compensation for your losses. Working with a Boone County hit-and-run car accident lawyer is the best option in this situation. The right attorney can help you locate the at-fault driver and hold them appropriately accountable for the losses you suffered from their actions.
Franks, Gerkin, Ponitz & Greeley can provide the legal representation you need in this challenging situation. Our firm has successfully represented many clients in complex personal injury cases pertaining to hit-and-run accidents. We know how to navigate these cases on behalf of our clients. Our team can provide the personalized and compassionate legal counsel you need after experiencing a hit-and-run accident in Boone County. Our goal in your case is to help you maximize your compensation to the fullest extent possible under Illinois state law.
Why You Need a Boone County Hit-and-Run Car Accident Attorney
Attempting to resolve any car accident claim without legal representation is very difficult and risky, but even more so when you have experienced a hit-and-run accident. The average person may have no idea how to locate the at-fault driver and hold them responsible for their damages. While they may have the presence of mind to file a police report of the incident, they are likely to face many additional legal obstacles to securing the compensation they need to recover from the accident.
Working with an experienced Boone County hit-and-run car accident lawyer can allow you to approach your case with greater confidence. The right attorney can help you identify and locate the driver responsible for your recent hit-and-run accident and guide you through the legal process of holding them accountable for your losses. Many personal injury claimants are surprised to learn their cases are worth much more than they initially expected once they have experienced legal representation working on their cases.
Franks, Gerkin, Ponitz & Greeley can provide the individualized legal counsel you need to recover as fully as possible from your hit-and-run accident. Our team has years of experience navigating complex civil claims on behalf of our clients in Boone County and surrounding communities of Illinois, and we can leverage this experience in your case to help you reach a successful resolution.
How Do I Start a Personal Injury Claim for a Boone County Hit and Run Accident?
Success with any personal injury case requires establishing several essential facts. First, the plaintiff must identify the defendant responsible for their injury. For example, if you experienced a hit-and-run accident, your attorney could work with the local police and obtain evidence that may help you identify the driver responsible for the hit-and-run, such as traffic camera recordings. Once you and your legal team identify the defendant for your claim, you must then prove that they failed to uphold their duty of care in the situation that led to the personal injury.
Identifying the At-Fault Driver Is One of the First Steps to Take
A hit-and-run is a clear violation of a driver’s duty of care. Not only are drivers expected to drive safely and attentively and do their best to avoid causing accidents, but they are also expected to remain at the scene of an accident they cause and report the incident to the police if it results in injury or death, or substantial property damage. Furthermore, when a driver flees the scene of an accident they caused, they are not only liable for the civil damages they cause to others but also face criminal prosecution for hit-and-run.
After accurately identifying the driver responsible for your hit-and-run, the next phase of your case proves the extent of the damages they caused. Any vehicle accident can easily result in severe injuries and significant economic losses. Your attorney can help you calculate the damages you can seek in your claim. While you may be able to recover some compensation through an insurance claim against the at-fault driver’s auto insurance policy, you may not be able to rely solely on an insurance claim to fully compensate your losses.
Potential Injuries From a Hit-and-Run Accident
Vehicle accidents can easily cause many types of injuries, including:
- Broken bones, some of which may need surgical care and placement of steel pins and plates to ensure bones heal correctly. Some fractures can cause chronic pain, mobility problems, and other long-term effects.
- Internal organ injuries can easily worsen to critical levels if not detected immediately. Some of these injuries can be life-threatening.
- Traumatic brain injuries, such as concussions and penetrating head injuries from debris. Any brain injury has a high chance of causing permanent damage to the victim, such as memory loss, sensory impairment, cognitive dysfunction, personality changes, and persistent headaches and migraines.
- Spinal cord injuries, which can potentially result in permanent paralysis. The spinal cord cannot heal itself from physical injuries, so all such injuries are permanent.
- Facial and dental injuries, which not only often require extensive corrective treatment but can also cause permanent scarring and disfigurement.
It is crucial to seek medical treatment as soon as possible after any car accident, even if you believe you only suffered minor cuts and scrapes. The tense nature of a car accident causes adrenaline to pump through your system, which can dull pain sensations, causing you to believe you are less injured than you are. Seeking prompt medical care can help you address known injuries and discover injuries that have not yet caused noticeable symptoms. In some cases, the promptness of the victim’s seeking medical care can mean the difference between life and death.
Filing an Insurance Claim After a Hit-and-Run Car Accident
Once you have identified the driver responsible for your hit-and-run accident, the first step in your recovery is likely to be an insurance claim against their auto insurance policy. Your Boone County hit and run car accident lawyer will assist you in the claim process. First, you must obtain the at-fault driver’s insurance information and then submit a demand letter to their insurer. In Illinois, every driver must carry auto insurance that meets the state’s minimum coverage requirements. However, a minimum coverage policy may not fully cover your damages from an accident.
Most car insurance offers liability coverage for bodily injury and property damage. Therefore, your insurance claim could help you recover the cost of repairing or replacing your vehicle and a portion of your medical expenses. However, you will likely need to take further legal action to recover your remaining damages.
Insurance Companies Pay Attention When You Work With Experienced Lawyers
Working with an experienced attorney can be beneficial when you must file a personal injury claim and in dealing with insurance companies. While every insurance company in the US has a legal obligation to process all claims in good faith, insurers typically look for all justifications they can find to deny claims or offer the lowest settlement amounts possible. Therefore, when you have an experienced attorney sending a demand letter on your behalf, this inherently encourages the insurer to be more cooperative with your claim.
Should you encounter any unexpected issues with your insurance claim, your legal team can help you address these matters. For example, you may need to provide the insurance company with supporting information, or you may need to renegotiate their settlement offer if they attempt to lowball your claim.
Damages and Compensation for a Personal Injury Claim
Once you have obtained as much compensation as possible through available auto insurance, the next step in recovery from your hit-and-run accident will be to file a personal injury lawsuit against the driver who caused the accident. After locating the at-fault driver, the police will likely arrest them for hit-and-run, and they will face criminal prosecution from the state. While it’s possible to secure some recovery in the form of restitution included in the at-fault driver’s sentence, you are more likely to maximize your compensation by filing a personal injury claim against them.
Illinois state law allows a personal injury plaintiff to seek full compensation for any economic losses suffered due to the actions of the defendant or defendants named in their complaint. Therefore, your attorney will be a valuable asset in calculating your total claimable damages, and it’s common for plaintiffs to discover their claims are worth more than initially expected once they have reliable attorneys handling their cases.
Medical Expenses for a Hit-and-Run Injury Claim
A hit-and-run accident can easily result in severe physical injuries. Therefore, the defendant in your claim is liable for all of the medical treatment costs you require to heal completely and manage your symptoms. This includes both immediate medical treatment costs following your accident and the cost of any ongoing treatments you require. Claimable medical expenses in most personal injury claims in Illinois include:
- Hospital bills.
- Emergency transportation costs, such as an ambulance or airlift fee.
- Prescription medication costs.
- Necessary medical device costs, such as wheelchairs and crutches.
- Costs associated with ongoing care, such as physical therapy.
- Mental health treatment costs for resolving trauma and psychological distress from the accident.
Your Boone County hit-and-run car accident lawyer can help you calculate the total medical expenses you can include in your claim. In addition, if you face an uncertain medical future, your attorney can help you estimate the total cost of the future treatments you will likely require and help you secure compensation for medical expenses that have not yet materialized.
Lost Income in a Personal Injury Claim
When a hit-and-run accident causes severe injuries, you could be unable to work for an extended period while you recover. The defendant in your claim is liable for the income you lose during this time. Your attorney can help you track lost income during your recovery and add these losses to your economic damages. You also have the right to seek compensation for lost future income. If your injuries caused any permanent disabilities that will interfere with your ability to work in the future, your attorney will help you calculate the income you would have reasonably expected to earn in the future had your accident not occurred and add this amount to your civil suit.
Pain and Suffering for a Car Accident Claim
Illinois state law allows personal injury plaintiffs to receive compensation for the physical pain and psychological suffering they experienced due to the defendants’ actions responsible for their personal injuries. This may sound difficult to quantify, but you can rely on your attorney to help you determine a reasonable amount of non-economic damages to include in your claim.
If you are likely to make a full recovery in a relatively short time, your attorney may opt for a “per diem” calculation that awards a set amount of pain and suffering compensation for each day you spend in recovery. Alternatively, attorneys are likely to seek more significant lump sums on behalf of their clients when those clients have suffered permanent harm from the defendants’ actions. The attorney may multiply the plaintiff’s claimed economic damages by a factor of one to five to reflect the severity of their condition. For example, if you claim $200,000 in economic damages following a hit-and-run accident, your attorney may seek up to five times this amount or even more if the accident caused any permanent damage.
Punitive Damages for Hit-and-Run
Another form of compensation that some hit-and-run injury claim plaintiffs may receive is punitive damages. Unlike their other claimed damages, punitive damages are not demanded directly by the plaintiff. Instead, they are awarded at the judge’s discretion when a defendant’s behavior exceeds the scope of typical negligence or involves any criminal actions. A hit-and-run is a violation of Illinois state law, so the defendant responsible for this type of accident may face restitution as an element of their criminal sentencing and punitive damages in the civil claim filed by their victim.
How Can a Boone County Hit-and-Run Car Accident Lawyer Help Me?
When you consider the total scope of the damages that you could potentially secure from a successful hit-and-run accident claim, your total recovery could be much more than you initially anticipated. However, hit-and-run accident claims are some of the most complex and demanding civil suits that any person can face. In these cases, the biggest initial hurdle is accurately identifying and locating the defendant. Once this is accomplished, the case is likely to proceed similar to most other car accident claims with the added complexity of the criminal charges filed against the defendant by the state.
Your Boone County hit-and-run car accident attorney can be a tremendous asset through every phase of your case, from locating the defendant to filing your insurance claim and compiling a personal injury case against them. If the defendant is found and accepts liability for the accident, they may attempt to settle your civil suit as quickly as possible outside of court. Your Boone County hit-and-run accident lawyer can help you ensure that you receive a fair settlement, but if the defendant contests liability or disputes the scope of the damages sought in your civil claim, the case may proceed to litigation.
Contact Our Car Accident Case Injury Lawyers
The attorneys at Franks, Gerkin, Ponitz & Greeley have extensive experience handling a wide range of civil cases on behalf of our clients in Boone County, IL. We understand the stress and anxiety that can follow any car accident, especially one as potentially damaging and complex as a hit-and-run accident case. Our team will help you gather the evidence necessary to establish liability for your recent accident, such as traffic camera footage, cell phone records, and vehicle computer data. If necessary, we can consult expert witnesses to testify on your behalf. Accident reconstruction experts, engineers, and medical professionals may play pivotal roles in your case proceedings.
It’s natural to feel uncertain about your legal situation when struggling in the aftermath of a hit-and-run accident. Our team can provide the guidance and support you need to understand your options for legal recourse and approach the civil court system with confidence and peace of mind. If you are ready to discuss your case with an experienced Boone County hit-and-run car accident lawyer, contact Franks, Gerkin, Ponitz & Greeley today to schedule your consultation with our team.
