Immediately prioritizing evidence preservation is fundamental to bringing a strong compensation claim for a car accident, and our lawyers can handle this when enlisted soon after a collision. We can access video footage and photographs before they are deleted, interview witnesses before they forget important details, and take responsibility for tracking and documenting your damages.
Using such evidence, our lawyers may negotiate a sizeable out-of-court settlement or prove the defendant’s liability if your case goes to trial. Most car accident lawsuits must be filed within two years, and we may need a large portion of that time to prepare your case.
For a free and confidential case review from our car accident lawyers, call the Rhatigan Law Offices today at (312) 578-8502.
What Evidence Can My Car Accident Lawyer Gather?
We focus on preserving evidence at risk of degradation or destruction after an accident, such as eyewitness statements and surveillance camera footage from the area.
Video Footage
Our attorneys can investigate whether any residential or commercial properties near the crash site have outdoor surveillance systems. Any cameras pointed toward the road might film an accident and show the defendant speeding, driving erratically, or tailgating the victim.
We can also contact Illinois’ Department of Transportation to see if there are any traffic cameras in the area, in case footage is available.
Photographs
Photographs may come from other eyewitnesses. Law enforcement may take photos as well, which we can get along with the police accident report. Provide us with all the pictures you took documenting the damage to your vehicle, the other driver’s car, and any visible injuries you and other passengers sustained.
Eyewitness Statements
Our car accident lawyers regularly interview eyewitnesses to preserve their statements and secure their testimony for victims. You may talk to anyone present on the scene after an accident and ask for their phone numbers so we may contact them.
We have other ways of finding eyewitnesses after collisions, so do not panic if you did not talk to anyone; we can still find eyewitnesses.
Medical Records
Your attorney can also handle requesting all the medical records related to your claim from the hospitals and providers that treated you. Tell us about any ongoing care you need, and provide the contact information for any specialists or physicians you are seeing so we may contact them for records.
We cannot get medical records unless you seek treatment, so always prioritize this after suffering an injury of any kind due to negligence in Illinois.
Bills
Gathering bills related to the accident lets us accurately tally damages. Bills come from vehicle repairs, medical expenses, home modifications, and more, all of which we can keep tabs on for you.
Income Records
We can also obtain income verification from your employer and gather recent tax returns and bank statements to calculate your exact lost wages after a car accident in Downers Grove.
What Damages Should I Seek After a Car Accident in Downers Grove?
You should seek relief for all the damages you incurred due to another driver’s negligence, as well as punitive damages if the defendant’s conduct was particularly egregious.
Economic Damages
You should seek damages for medical expenses from emergency room visits, extended hospital stays, follow-up appointments, specialists’ care, surgeries, prescription medications, mobility assistive devices, in-house medical aides, childcare services, lost wages, property damage, and any other tangible damages you have incurred.
There is no limit on compensation for economic damages in Illinois car accident lawsuits.
Non-Economic Damages
Non-economic damages represent the pain, suffering, embarrassment, distress, and other intangible harms due to traumatic accidents and severe injuries. We use subjective factors to calculate non-economic damages, so being candid with us about your struggles is important.
Illinois does not cap compensation for non-economic damages for car accident victims, either.
Punitive Damages
We may urge you to seek punitive damages if the defendant showed a “reckless or outrageous indifference” to your safety through their actions. For example, drunk driving may warrant punitive damages in Illinois.
Punitive damages are capped at three times the amount of economic damages awarded, unless the defendant was also convicted of a crime related to the incident.
Should I Settle My Car Accident Case or Take it to Court?
Settling ends your case, so we will only recommend that you accept a settlement that is fair to you. Car accident victims without representation might accept a worse settlement, and our lawyers can prevent that by closely reviewing all offers you receive.
When to Settle
Plaintiffs may settle when they have considerable immediate damages and need fast access to compensation. Let us analyze every settlement offer from the defense and take stock of all your damages from the collision. Unless a settlement offer is genuinely fair and pays enough of your economic and non-economic damages, do not accept it.
When to Go to Trial
Many plaintiffs cannot wait through months-long settlement negotiations and decide to go to court soon after filing a lawsuit. If the defendant wants to avoid a trial badly because they know you have strong evidence of their liability, they may offer you a much larger settlement than before to resolve the matter out of court.
How Soon Should I File My Car Accident Lawsuit in Illinois?
If you rush filing your lawsuit, you may seriously underestimate your damages. But if you delay your case for too long, it might raise questions about the severity of your injuries and how badly you need compensation. We can help you file your lawsuit at the right time, and certainly before Illinois’ two-year statute of limitations runs out.
Only file your case once you know how much compensation you need. In addition to calculating damages to date, our car accident lawyers can project upcoming medical expenses based on your treatment plan.
The longer you wait to file your claim, the more overwhelmed you might become by missed wages, growing medical bills, and other damages, so learn whether or not you have a case as soon as possible after an accident.
FAQs About Car Accident Lawsuits in Downers Grove
Do You Need a Police Report for a Car Accident Lawsuit?
Even if the police report is inadmissible in your lawsuit, you still need to call the police and report an accident that ends in death, injury, or more than $1,500 in property damage in Illinois.
What if You Do Not Have Insurance After a Car Accident?
You may still sue the negligent driver if you do not have insurance, as Illinois is not a “no pay, no play” state. Do not let being uninsured stop you from calling the police and reporting the accident, either.
Do You Have to Go to the Hospital After a Car Crash?
Drivers or passengers with any noticeable pain should be evaluated after a car accident. Delaying treatment when you feel injured can complicate your claim and raise questions about when, where, and how you were injured.
What if You Do Not Have Pictures for Your Car Accident Case?
If you did not take many pictures at the scene, we may get more when we interview eyewitnesses and obtain the police report. Do your best to take pictures, as they are the best way to preserve the physical evidence at the scene.
How Do You Get Medical Records for Your Car Crash Claim?
We can request medical records from your providers and organize them for your injury lawsuit.
When is the Latest You Can File a Car Accident Lawsuit?
The latest date you can file your lawsuit may be two years from the date of injury, unless we can apply a “tolling” exception to the statute of limitations for delayed discovery of injuries, the defendant’s absence from the state, or the plaintiff being underage or legally disabled at the time of injury.
How Can You File a Lawsuit After a Hit and Run in Downers Grove?
We can talk to eyewitnesses, review security camera footage, and work with law enforcement to track down the negligent driver after a hit and run so you can hold them accountable and recover compensation.
What Medical Damages Should Your Lawsuit Cover?
Your car accident lawsuit should cover all medical damages, including the cost of future surgeries, treatments, or therapies necessary for your comfort or recovery.
What Non-Economic Damages Should a Lawsuit Cover?
A lawsuit should cover non-economic damages like the physical pain you feel from an injury, but also less obvious non-economic damages, like the depression or isolation you feel from being unable to return to work or play with and pick up your children because of a bad injury.
Should You Accept the First Car Accident Settlement Offer?
Generally, victims should not accept the first settlement from the negligent driver’s insurance. It might undervalue your economic damages and offer very little, if anything at all, for your non-economic damages. We can keep negotiating until offers improve and alert you to any fair proposals.
What is the Most You Can Get from a Car Accident Settlement?
Damages are not limited to car accident settlements in Illinois, so you may recover all the damages you have incurred. Settlement offers often start low, though our lawyers can negotiate for victims to receive fair amounts to resolve cases out of court.
What if You Share Fault for a Car Accident in Downers Grove?
You can still sue and recover damages if you are not more at fault for an accident than the other driver. However, your damages will be reduced in proportion to your comparative fault under Illinois’ comparative fault law.
How Do You Prove Damages from Car Accident Injuries?
We prove economic damages using bills, invoices, income statements, and physician statements discussing upcoming treatment. We can go on to prove non-economic damages with your testimony, giving you the chance to tell the jury the consequences you have been experiencing.
How Do You Prove the Other Driver is Liable for Your Injuries?
We prove a defendant is liable for the plaintiff’s injuries by satisfying the following four elements of any personal injury claim in Illinois:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care
- The defendant’s breach of duty caused the plaintiff’s injuries
- The plaintiff suffered damages
This proves that the defendant is more than likely liable, which meets the standard of proof for civil lawsuits.
What if You Do Not Get a Lawyer After a Car Accident?
If you do not get a lawyer soon after a car accident, you might unintentionally accept fault, take a bad insurance settlement, or fail to preserve evidence that is at the greatest risk of being lost, such as video footage and witness statements.
Call Our Downers Grove Accident Attorneys for Help Today
Get help with your case from our car accident lawyers by calling the Rhatigan Law Offices at (312) 578-8502 today.
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