The road to recovery after a car accident is not always easy. You might be recovering from serious physical injuries, and the accident might be expensive to deal with. To make matters more complicated, you might have numerous options for financial compensation. An attorney can go over your case and help you decide which option works best for you.
After a vehicle accident, stay calm, call for help, and exchange information with other drivers and witnesses. Contact an attorney as soon as possible, as you have a limited time to file a legal case. We need as much time as possible to prepare your claims and damages. You might be entitled to extensive economic and non-economic damages. In rare cases, courts award punitive damages to punish defendants if their behavior was especially shocking. When preparing your case, we must think about the causal factors behind the accident. Knowing what went wrong may shed light on who is to blame and what evidence we need to prove it. An experienced attorney can help you collect evidence and get you fair compensation.
Contact the Rhatigan Law Offices by calling (312) 578-8502 and ask our car accident attorneys for a private, free review of your case.
What to Do If You Are Injured in a Car Accident in Aurora, IL
After a car crash, your top concern should be calling for help. You might need a moment or two to fully asses the accident and decide what kind of help you need. At the very least, you should contact the police and inform them of the accident. They may come to your location and begin investigating. They might even issue the other driver a traffic ticket, depending on what they uncover. If you or others are injured, consider calling an ambulance. Alternatively, drive yourself or have someone drive you to the emergency room as soon as possible.
As you wait for law enforcement and possibly emergency medical personnel, talk to the other drivers involved in the accident. Exchange contact and insurance information so your lawyer can help you take legal action later. Our car accident attorneys might help you begin an insurance claim or file a lawsuit against the other driver. Either way, we need their information. Talk to other people too, as they might provide valuable witness testimony.
If you can, collect evidence and record the scene. Many drivers prefer to take pictures of their damaged vehicle, the other vehicle, injuries, and the area surrounding the accident. These photos can be sent to an insurance company or used as evidence in the courtroom. Depending on the circumstances, your photos might preserve very important details that would otherwise be lost when the police clear away the accident scene.
Contact an attorney about the accident as soon as possible. We only have so much time to prepare your case before it must be filed. Maximize the time we have to get ready by calling a lawyer right away. Your attorney can begin preparations while you focus on recovering from your injuries.
When to Contact an Attorney After a Car Accident in Aurora, IL
Call a lawyer for help with your car accident case as soon as you can after getting emergency assistance. It is normal for people to hesitate when considering legal action. It is a big decision, and a good outcome is not guaranteed. However, you should contact a lawyer soon to give them the most amount of time to prepare.
According to the statute of limitations for personal injury cases in Illinois, 735 I.L.C.S. § 5/13-202, victims of car accidents have a mere 2 years to file a case in court. This limitation period starts on the day the cause of action accrues, which is the same day as the accident for many. While 2 years might sound like plenty of time, it is a surprisingly short limitation period. You might spend a few weeks recovering before you call a lawyer. You and your attorney might try to file an insurance claim first before deciding a civil lawsuit is the better option. Your case might take at least several months to prepare, if not longer.
For some, the limitation period might not accrue on the day of the accident. In some cases, plaintiffs may have the statute of limitations tolled, but only under certain conditions. According to § 5/13-211, the cause of action in a car accident case might not accrue until later if the plaintiff is a minor or has a “legal disability.”
If you were younger than 18 when the accident happened, the limitation period would not begin until your 18th birthday. Minors have until their 20th birthday to file their case. A legal disability may be a mental condition that inhibits the plaintiff from understanding their legal rights or taking legal action on their own. In such cases, the statute may be tolled until the disability is removed. However, the limitation period may not be stayed for longer than 10 years in cases of legal disability.
Recoverable Damages in an Aurora, IL Vehicle Accident Civil Case
Damages in a car accident case represent the plaintiff’s injuries, expense, painful experiences, and other losses. While many damages revolve around financial costs, others are more subjective and might not cost the plaintiff money at all. Even so, all damages may be met with financial compensation if our car accident lawyers can prove your claims.
Compensatory Damages
Compensatory damages are awarded to make up for your losses, financial and otherwise. Your economic damages are the things that cost you actual money. These damages may be proven with evidence of your costs and expenses, like bills or receipts. Non-economic damages might be completely unrelated to money but are instead based on your subjective personal experiences.
Common economic damages include big hospital bills and vehicle repairs. Depending on your injuries, you might need to spend some time in the hospital. If your injuries are severe, you might be facing long-term medical care and enormous medical costs. On top of that, you may need to repair or replace your vehicle, which is another major expense. If your injuries stop you from going back to your job for a while, we can even claim your lost income as part of your economic damages.
Your non-economic damages are a bit more open to interpretation and may be unique to your situation and lived experience. For example, if the car crash was especially traumatic, perhaps it was a near-fatal collision, you might be living with serious psychological injuries, like PTSD. If you have permanent injuries or disfigurements, you may experience deep emotional turmoil as you come to terms with how your body has changed. These experiences and more deserve fair financial compensation.
Punitive Damages
In less common cases, the court might award the plaintiff punitive damages. These damages are meant to punish defendants, but only if their behavior meets specific legal requirements. While plaintiffs may enjoy the additional damages award, the main point of punitive damages is to deter future bad actions from the defendant and others who might be similarly situated.
According to 735 I.L.C.S. § 5/2-1115.05(b), we must prove by “clear and convincing evidence” that the defendant acted with an evil motive when they caused the accident. For example, road rage accidents are often intentional, and defendants intend to cause harm. Alternatively, we must show that the defendant’s behavior constitutes reckless and outrageous indifference to highly unreasonable risks of harm with a conscious indifference to other people’s rights and safety.
It is also worth noting that there are no statutory limits on punitive damages. They may be as high as the judge or jury deems fit. Even so, an award of punitive damages must be proportionate to the overall case. A more serious accident may warrant a larger punitive damages award. A smaller accident would mean a smaller award. If your award is too big, the court might reduce it.
Important Factors to Consider in Aurora, IL Car Crash Cases
Your accident might boil down to one or several causational factors. Knowing these factors and how they contributed to the accident should help us determine who should be held responsible. It may also inform us about evidence, including what we need and where to find it.
Speed is a very common factor in many different car accident cases. Even when speed is not the direct cause of a collision, a higher rate of speed can make the accident much worse. If the other driver was speeding, we need evidence to support it. The police might have already determined the other driver’s speed and issued them a citation. If not, we might use things like tire marks on the road and witness testimony to prove that the other driver was speeding.
In many other cases, accidents happen because negligent drivers ignore traffic lights and signals. They might ignore a stop sign or a red light and blow through an intersection, striking another vehicle. Maybe the other driver was supposed to yield but failed to do so, and you got hurt. Talk to your attorney about the area where the crash happened. We can go back and check for signs, lights, or signals that might have been ignored.
We should also think about the general traffic conditions of the day of the collision. Drivers must adjust how they drive according to whatever the current road conditions are. Reckless driving is often the result of drivers who do not adjust their driving for safety. Were the roads wet? Was it dark outside and visibility was low? Maybe it was raining or snowing. If the other driver did not bother to drive carefully under the circumstances, they should be held accountable.
Common Forms of Evidence in Auto Accident Cases in Aurora, IL
Evidence may vary just as much as the factors and damages involved in your case. What we need to prove your claims will change based on the circumstances. However, some evidence is common across lots of cases, and we should consider how they might affect your case.
Photos are very common in car accident cases. It is considered standard procedure for victims of car accidents to exit their vehicles and take pictures of the damaged cars, other drivers, their injuries, and more. Your photos might save valuable evidence that is lost when law enforcement cleans up the area.
Videos may also be an important part of our evidence. Consider the place where the accident occurred. Were there stores or buildings nearby with security cameras? Maybe there was a traffic camera near the area. In some cases, other drivers involved in the accident have dashcams in their vehicles that record everything. If video evidence of the accident is out there, we need to get it fast. Otherwise, it might be deleted.
Why You Should Hire an Experienced Attorney For Your Aurora, IL Car Accident Case
Some people think about trying to pursue legal action and fair financial compensation alone. They want to avoid legal fees and think that a lawyer is unnecessary for something as common and routine as a car accident. This is not a good idea. Even common cases, like car accidents, may be fraught with legal complexities that you are not prepared to navigate.
Your lawyer can begin by evaluating your claims and legal options. Is a civil lawsuit the best option, or would you benefit more from an insurance claim? What are your damages? What kind of compensation might your claims be worth? In short, your attorney can help you decide the best path forward and maximize your potential compensation.
There is also extensive paperwork, forms, and documentation to deal with. The legal system is not all dramatic courtroom battles. Some might argue that paperwork is the real backbone of our court system. Your evidence, legal documents, motions, and other paperwork must be drafted according to court formatting rules and submitted to all necessary parties. If paperwork is incorrect or incomplete, your entire case might come to a grinding halt.
Call Our Aurora Car Accident Attorneys About Your Case Now
Contact the Rhatigan Law Offices by calling (312) 578-8502 and ask our car accident lawyers for a private, free assessment of your case.
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