Dupage County Car Accident Injury Lawyer
Being in a car accident can be difficult, whether it is major or minor. Dupage County car accident injury attorneys can help you understand the car accident laws in Illinois and help you receive the compensation you deserve. If you have been injured in a car accident, contact an attorney at Franks Gerkin Ponitz & Greeley.
Why Choose Us?
With over 50 years of experience representing clients, we have a firm understanding of how difficult it can be to suffer injuries from a car accident. We can look at the specifics of your situation and help you gather the evidence needed to fight for your rights so you can recover your losses. We know this can be a difficult time. We can help you with the legal side of things while you focus on recovery.
Car Accident Reporting Requirements in Illinois
In Illinois, if you’re in a car accident, you should report the accident to law enforcement. Illinois requires drivers to report accidents that result in injury, death, or a significant amount of property damage. Many people report accidents at the scene, but in minor accidents, sometimes they are reported later. Regardless of the severity, they should be reported as soon as possible. In some instances, you may need to submit a written report to law enforcement.
Drivers must also remain at the scene of the accident. This means you cannot hit someone and drive away. Remaining at the scene includes exchanging contact information with the other driver, administering aid to others, and waiting for law enforcement if they have been called. Fleeing the scene of an accident can result in severe penalties, especially if the accident causes major injury or death to another person.
Fault in Illinois Car Accidents
Illinois follows a fault-based system when it comes to car accidents called modified comparative fault. This means that if you share fault in an accident, you may be able to still recover damages, but it will be reduced by the amount of fault you share in an accident. You must share less than 50% of the fault to still qualify for damages.
For instance, if you file a claim for $50,000 worth of damages, but a court determined that you are 20% at fault for the accident (perhaps you were speeding), you would be awarded $40,000. Your amount would be reduced by the 20% that you were at fault.
The driver who is considered at fault will be responsible for covering damages, usually through their insurance. Illinois has minimum requirements for liability insurance. Victims may file a claim with the driver’s insurance company to recover damages, or they can file a civil claim if the settlement offer is insufficient.
Illinois Statute of Limitations for Car Accident Injuries
If you decide to file a legal claim for the injuries you suffered due to a car accident, you must file within a certain time frame to be eligible to receive compensation. Filing after these deadlines can result in your case being dismissed. The statute of limitations depends on the specifics of your case, but generally, they are outlined as follows:
- The statute of limitations for filing a personal injury claim is two years from the date of the accident.
- The statute of limitations to file a claim for property or vehicle damage is five years from the date of the accident.
- If the accident resulted in death, the surviving family may be able to file a wrongful death claim. The statute of limitations for this is two years from the date of the victim’s death.
Why You Need a Dupage County Car Accident Injury Lawyer
If you suffered an injury from a car accident, an attorney can take care of the legal details on your behalf. This can increase your chances of a successful case. An attorney can make sure your case has all the supporting information and evidence needed to back your claim, including eyewitness testimony, medical records, and professional insight.
They can also negotiate with insurance companies on your behalf to fight for a fair settlement that is sufficient for the losses you incurred. If your case goes to court, a lawyer can fight on your behalf for the greatest possible outcome.
FAQs
Q: How Quickly Must I File a Car Accident Claim in Illinois?
A: In Illinois, you typically have two years from the date of the accident to file a claim for your injuries. This is known as the statute of limitations. If you file after this deadline, your case is likely to be dismissed. Even though this may seem like enough time, it is highly recommended that you file as soon as possible to account for any delays.
Q: Can I Still Recover Damages If I’m Partially at Fault for a Car Accident?
A: You may still be able to recover damages in a car accident even if you were partially at fault. In Illinois, your fault must be less than 51% in order to recover compensation. Your claim amount will be reduced by the percentage that it is determined you are at fault as long as it is 50% or less.
Q: How Long Do You Have to Report a Car Accident in Illinois?
A: In Illinois, if the car accident resulted in significant injury, death, or extensive property damage, you must report the accident to law enforcement right away. A written report may also be required to submit to law enforcement personnel if the property damage exceeds a certain amount. An attorney can help you submit this report.
Q: Is Illinois a No-Fault State for Car Accidents?
A: Illinois is not a no-fault state when it comes to car accidents. This means that the driver who is liable for the accident is responsible for damages. Victims of car accidents can file a claim with the at-fault driver’s insurance company. They may also pursue a legal claim if the insurance company’s initial offer is not enough to cover their losses.
Contact Franks Gerkin Ponitz & Greeley Today
If you have been injured in a car accident, Franks Gerkin Ponitz & Greeley can help you recover damages and receive the justice you deserve. Contact us today.
