Car accidents can lead to serious injuries that require intense medical care for the victim to recover. Unfortunately, medical expenses from car accident injuries can reach enormous amounts, which can make the expenses very hard to deal with, even for people with effective insurance policies. In situations like these, you might not know who to turn to.
Luckily, our lawyers are here to help you out. We are experienced attorneys who can navigate a car crash lawsuit like it is one of our neighborhood roads. We will help you sue the correct parties, collect evidence, build a strong case for yourself, and fight in court to get you the financial compensation you need to get back to living after a car accident if it comes down to a trial.
For a free, confidential, no-obligation case review, call our car accident lawyers from the Rhatigan Law Offices at (312) 578-8502.
Types of Car Accidents in Elgin, IL
Car accidents can happen in a lot of different ways. At first, it may not seem very important exactly what kind of car accident yours was. However, it can actually be very useful to our car accident lawyers to understand the finer details of your accident. Doing so can help identify potentially liable parties or uncover new, powerful arguments to use in your case.
Head-On Collisions
Head-on collisions happen when two cars traveling in opposite directions at each other collide. These accidents can be particularly nasty because the most likely areas to hit are both driver’s seats.
At high speeds, this could result in both drivers being trapped in their own vehicle, needing to be cut out of it to get saved.
T-Bone Accidents
T-bone accidents happen when one car hits another perpendicularly in the side. These accidents are dangerous for different reasons. In an accident involving the front of a car, the accident involves the area of the vehicle with arguably the most built-in safety features.
Accidents impacting the side, on the other hand, hit an area where there are simply fewer cars in front of the impact. Even in very safe vehicles, an impact to the side has a good chance of producing a worse injury than an impact to the front of the vehicle.
It is not uncommon for victims of T-bone accidents to have severe bruising and broken bones.
Single-Vehicle Accidents
Single-vehicle accidents, as the name would suggest, involve only one car. However, that does not mean that it is the fault of that vehicle’s driver. On the contrary, the accident may have been caused by either a problem with the vehicle, known as a defect, or a dangerous road condition.
Alternatively, an aggressive driver may have forced the unfortunate motorist to take an evasive maneuver and get in an accident. However, it may be found that the aggressive driver contributed to the accident despite the fact that they did not hit the victim.
Who You Might Sue for a Car Collision in Elgin, IL
Identifying who is responsible can be straightforward in some situations, such as those involving only another driver. However, other less apparent parties can be liable depending on how the accident occurred.
Other Drivers
The other driver in the collision is often held responsible for negligent behavior, like distracted driving, speeding, and disregarding other traffic laws.
Other drivers can also be liable in civil court for acts that can be criminally charged, such as driving under the influence and road rage.
They can also be at fault for not adjusting to road conditions that other reasonable drivers would have, like failing to slow down in snowstorms.
Multiple Drivers
When multiple drivers are at fault, a comparative negligence rule applies. Each driver’s liability is determined by their percentage of fault, meaning they are held proportionally responsible for the accident.
You might also be accused of comparative negligence in a multi-driver accident. Fortunately, you can still recover compensation as long as you were not found over 50% at fault for causing the accident or your damages.
Car Manufacturers
Auto manufacturers can be held legally responsible if a defect contributed to your crash. This applies to both vehicle designs and manufacturing issues.
In some cases, the design produces a defective model regardless of who manufacturers it. Other times, they fail to warn consumers of a defect or recall the vehicle.
Additionally, car part manufacturers can also face liability if their defective products contribute to an accident, like faulty brakes. Even retailers can be sued if they knew of the defect but failed to warn you and sold the item anyway.
Preserving Evidence of a Car Accident in Elgin, IL
If your injuries permit, take photos using your smartphone to preserve evidence that will be lost when the accident scene is cleaned. We can use photos to back up your statements when you testify in your case and undermine the defendant’s if they contradict them.
Photograph the debris at the crash site, including tire marks, broken glass, and wreckage. Additionally, photograph the vehicles, focusing on the points of impact, body damage, and their final positions. Take as many photos as possible; our team can determine each one’s relevance later.
Take pictures of the surrounding area, capturing details such as signs, traffic lights, lane markings, construction, and road conditions. These photos will also help document the time of day, weather, and traffic conditions.
Further, taking pictures of your physical injuries at the scene of the accident provides strong evidence that the other driver injured you at the time you claim. It will also demonstrate the severity of your injuries at that moment, as opposed to how they might appear when you are further along in your recovery.
Proving Damages from an Elgin, IL Car Accident
Medical records are crucial for car accident claims. Without records of your injuries, your claim for compensation will likely be denied.
We recommend visiting the emergency room immediately from the scene, even after a minor accident. If paramedics offer help on the scene, accept it, as the police will usually note whether you received medical care at the scene in their report.
If you fail to seek care, the other side will typically use it to argue that your injuries are not serious and reduce your compensation. Visiting the hospital can also help uncover hidden injuries, like internal bleeding or organ damage, that you might not notice because of the adrenaline from the accident.
Based on your injuries, you will likely have a treatment plan, which might include physical therapy and diagnostic testing. It is crucial to follow. Attend all appointments, as defense lawyers and insurance companies will use missed ones against you.
After filing your case, our team can track your billing and request your medical records to calculate financial losses and assess your pain and suffering. We will also gather employment records, like tax documents and pay stubs, to determine any lost wages you sustained.
Speaking to Witnesses After a Car Accident in Elgin, IL
Getting witness statements can be very helpful after an accident. However, witnesses often leave the scene quickly, so it is important to talk to them right away, if your injuries allow. Make sure to collect their contact information so we can reach out to them later when we start your lawsuit.
Eyewitnesses
When speaking to eyewitnesses, avoid making statements about the accident yourself, especially when exchanging information with the other driver. Insurance companies will eventually question witnesses and your statements, like apologizing, can come back to haunt you. Simply take notes on what they witnessed and how to contact them.
Our legal team can assess the value of their statements and arrange for them to testify in your lawsuit. If a witness clearly saw how the other driver was acting negligently, or multiple witnesses tell similar stories, your case is more likely to settle before going to trial.
Expert Witnesses
For accidents that are particularly complex or involve injuries and treatments that might be challenging for a layperson to fully grasp, we can enlist the help of experts to act as witnesses. If they are qualified, they can testify on your behalf even though they did not personally see the accident.
For instance, medical professionals can articulate the intricacies of your injuries and how they have affected your daily life. We can also utilize accident reconstruction experts to explain to the court how the defendant caused the collision, their speed, and other crucial facts to determine liability.
When to File a Car Accident Claim in Elgin, IL
You have a relatively short amount of time to file a legal claim after your car accident. Under 735 I.L.C.S. 5/13-202, you only have two years to file a case, which starts counting down from the date of the accident. If you claim is not filed within this timeframe, you will be barred from recovering compensation.
There are few exceptions to this rule. Child car accident victims and those with a legal disability will typically have more time to file under 5/13-211, but do not assume that it applies to your situation without first speaking with our team.
Damages in an Elgin, IL Car Accident Lawsuit
Damages are what you are awarded in a successful lawsuit. A court’s job in a personal injury case is to get the plaintiff as close as possible to their financial state prior to the injury. When this is not literally possible, financial compensation is issued instead.
There are three primary categories of damages: economic damages, non-economic damages, and punitive damages. While you demand damages as a single amount in your lawsuit, these categories are useful for understanding how the court thinks about damages.
Economic Damages
Economic damages are based on things with actual monetary value. They often have bills, receipts, invoices, or other physical evidence that states their value. Your hospital bills, other medical costs, and any damage to your vehicle fall under the category of economic damages.
Non-Economic Damages
Unlike economic damages, non-economic damages are not based on things with tangible evidence of their monetary value. Instead, non-economic damages cover things that are more nebulous like physical pain and suffering, mental anguish and distress, and lost enjoyment of life. For pain and suffering, you and our lawyers will come up with what we believe the pain from the accident is worth.
Mental anguish and lost enjoyment of life are closely related. Indeed, lingering mental anguish from the accident may diminish your enjoyment of life. For example, flashbacks and PTSD symptoms at street intersections that remind you of where your accident took place should result in payments.
You can also get lost enjoyment of life damages from losing the ability to do certain things. For example, if you enjoyed working out and cannot anymore because the accident left you with limited use of your arms and legs, you can get damages based on your inability to do things you once enjoyed.
Punitive Damages
Punitive damages are distinct from economic and non-economic damages in that they do not have to do so much with the condition of the plaintiff. Instead, punitive damages are awarded or not, depending on the conduct of the defendant.
Punitive damages are only awarded when the plaintiff can prove that the defendant acted especially badly. Usually, this requires a finding that the defendant intentionally tried to injure the plaintiff or acted with “malice.” This is a high bar to prove, so make sure to go over this possibility with our lawyers as we prepare your case.
Talk with Our Elgin, IL Car Accident Lawyers Right Away
The Rhatigan Law Offices has car accident lawyers available to take your calls and give free case reviews when you reach out to use at (312) 578-8502.
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