The following article will cover:
- Steps to take after being in a car accident to file a personal injury claim in Cook County, Illinois.
- Information and evidence at the scene of an accident that is important for the injured party to record or preserve.
- The impact of being partially at fault for a car accident in Cook County, Illinois on a personal injury claim.
I Was Severely Injured In A Car Accident In Cook County, Illinois. What Steps Do I Need To Take If I Want To File A Personal Injury Claim?
The first step you should take after being in a car accident is to prioritize your health. Seek appropriate medical care immediately, especially if you have sustained serious injuries. If you were taken to a hospital by ambulance, you will receive care there. Otherwise, seek medical attention as soon as possible.
It is also important to contact a lawyer as soon as you can, either yourself or a family member on your behalf. Insurance companies will act quickly to put themselves in the best position possible, so it’s important to level the playing field with legal representation. Your lawyer can advise you on the next steps to take and represent you from the start of the process.
Once you have taken care of your medical needs and contacted a lawyer, you can discuss the track of your case, the highlights, and the pitfalls. Be sure to document your medical care along the way to use as evidence in your case.
In addition, you should try to take pictures of the scene if possible. This includes the positions of the cars involved, the damage sustained by the vehicles, and any other relevant details. If there are witnesses, get their names and contact information. Assembling evidence from the start of the process is crucial to ensure the best, fastest, and fairest result for your claim.
What Information And Evidence At The Scene Of An Accident Is Important For The Injured Party To Record Or Preserve?
If you are able, take pictures of the positions of the cars involved and the damage sustained. Document as much as you can, including witness names and contact information. Keep in mind that the accident scene will be quickly cleared by city authorities, so you need to act quickly.
Tell the police and ambulance crew what is hurting and bothering you so they can provide appropriate treatment and document it in their reports. This includes both the police report and ambulance reports.
I Was Partially At Fault For My Car Accident In Cook County. How Does That Impact My Personal Injury Claim?
Even if you are partially at fault for an accident in Illinois, you can still make a claim and have a case. The law allows for up to 50% fault and liability on the client’s behalf, and you can still collect compensation up to that percentage. However, any compensation you receive may be reduced by a percentage equal to the amount of fault you are assigned.
For example, if your injuries are valued at $100,000, but you are found to be 20% at fault, your recovery will be reduced by 20% ($20,000) to $80,000. However, the amount of fault assigned can be contested, and if an agreement cannot be reached, a jury may be brought in to determine fault as a percentage.
If you are more than 50% at fault for the accident, you will be barred from making a money recovery. But if you are less than 50% at fault, you can recover the full value of your claim minus the percentage of fault assigned to you.
How Long After A Car Accident Do I Have To File For A Personal Injury Claim In Illinois?
If you are considering filing a personal injury claim in Illinois after a car accident, it’s important to act quickly. The first step is to contact a lawyer immediately to ensure that evidence is properly assembled from the start.
In most cases in Cook County, the statute of limitations for filing a lawsuit is two years for private matters between individuals. This means that you must have settled your case or filed a lawsuit in court before the two-year deadline expires. However, there are exceptions, such as claims against a city or municipality, which may have a one-year deadline for filing lawsuits.
It’s crucial to adhere to the statute of limitations because if you are even one day late in filing a lawsuit, your case will be thrown out, and you will receive no compensation. Different types of cases, such as medical malpractice, have different standards, so it’s important to seek legal counsel to ensure that you meet all applicable deadlines.
I Was Hit By An Uninsured Or Underinsured Driver In Houston. Do I Have Any Chances Of Recovering Financially From My Injuries?
In Illinois, every auto insurance policy is required to have uninsured motorist protection. This coverage protects you in the event of an accident with an uninsured driver by placing you in the same position with your insurance company as you would have been in if the other party had insurance.
It’s important to have more than the minimum coverage because there are many drivers in Illinois who do not have insurance, and many more who have inadequate insurance. The minimum coverage in Illinois is $25,000 per person and $50,000 per occurrence, known as a 25/50 policy. A recommended coverage is at least 100/300, which means $100,000 per person up to $300,000 per accident occurrence.
Underinsured motorist coverage is also important because it covers you for additional damage above and beyond the insurance policy limit of the person who caused the damage. However, there’s a catch in Illinois, as your underinsured coverage only covers you for additional damage above the policy limit of the other driver.
For example, if you have a $50,000 underinsured policy and the person who hit you has a $25,000 liability policy, you will collect $25,000 from the other party and then make a claim for your additional underinsured coverage to close the gap between the limit of your coverage and what you’ve already received. Therefore, it is recommended to have at least $100,000 in coverage or more to ensure adequate compensation. For more information on Filing A Personal Injury Claim In Cook County, IL, an initial consultation is your next best step.