Car accidents are notoriously unpredictable. Some accident victims emerge from the wreckage surprisingly unharmed. Others are badly hurt from a seemingly minor impact. In either event, your damages might be quite significant, and you can take legal action with our legal team by your side to get fair compensation. Preparing a case takes time and effort, and getting started as soon as possible is best.
The first thing you should do after a crash is call for help. Get the police involved, as you might be required to report the accident. Even if the accident is minor and does not have to be reported, call the police anyway. After contacting the police, speak to an attorney as soon as you can. You might have only 2 years to file a case or risk losing fair compensation. Speaking of compensation, it might be quite considerable, depending on the magnitude of your injuries and losses. Your lawyer can help you take stock of your damages and figure out what your claims are worth.
For a confidential case evaluation for no charge, call the Rhatigan Law Offices at (312) 578-8502 and talk to our car accident lawyers.
Reporting Car Accidents to the Authorities in Hoffman Estates, IL
Typically, after a car accident, drivers call 911. Even if you do not feel badly hurt, you should call 911 and have emergency responders come to your location. On top of that, you should make sure that law enforcement is also dispatched to the accident scene. According to 625 I.L.C.S. § 5/11-407(a), certain car accidents must be reported to the police as a matter of law.
Under this law, drivers must notify the police about an accident involving death, serious injury, or significant vehicle damage by “the fastest available means.” This might mean calling the police on your cell phone almost immediately after the accident or contacting them after you get out of the hospital if your injuries are severe. Under subsection (b) of this law, if a driver is physically incapable of reporting the accident to the police, a capable passenger should make the call instead.
Not only does informing the police about your accident help you avoid potential legal penalties for failure to report, but it also helps you gather evidence needed for insurance or a lawsuit. When the police are contacted, they may initiate an investigation and write a formal report on their findings. The report is often needed for insurance purposes and evidence the police uncover might be used in your favor. On top of that, not reporting an accident might make you look bad in court.
How Long After a Car Accident in Hoffman Estates, IL Should You Speak to a Lawyer?
There is a lot to do after a car accident, and it is understandable if you feel overwhelmed. Not only do you have to make sure you get the necessary medical care, but you might also be talking to the police about their investigation and dealing with insurance claims. If you have not done so already, reach out to our car accident lawyers for help. Doing so as soon as possible may be beneficial, as your time to take legal action is limited.
The statute of limitations under 735 I.L.C.S. § 5/13-202 imposes a 2-year time limit on injured drivers to file a case. The limitation period begins on the same day as your car accident, so the clock is already ticking. These kinds of cases often take a long time to prepare. Some cases take months to put together before they are ready to be filed. Hiring a lawyer now may help you maximize your time to prepare.
If time is short, ask your attorney whether you can have the statute of limitations tolled. Tolling pauses the limited period, but only for specific reasons allowed by law. Not knowing about the time limit is not grounds for tolling. It may be available in cases where an injured driver is a minor or under a legal disability that prevents them from understanding their rights. According to § 5/13-211(a), the statute may be tolled until the minor plaintiff turns 18 or until the legal disability is removed. Under subsection (b), the statute of limitations may not be tolled for a legal disability for more than 10 years after the cause of action accrues.
Damages Recoverable in Car Accident Cases in Hoffman Estates, IL
Your damages for a car accident case may be greater than you think, and you should discuss your injuries, losses, and experience with a qualified lawyer. You may be entitled to damages for your expenses, painful experiences, and possibly more.
Economic Damages
Economic damages are based on how much money the accident cost you. Your expenses may include medical bills, property damage, vehicle repairs, and lost earnings if you cannot return to work for a while. Be sure to keep all records and receipts of your costs so you can accurately calculate your damages. Even various small costs can add up to significant compensation.
Non-Economic Damages
Not all your damages are rooted in money. Non-economic damages are based more on subjective, painful experiences rather than monetary costs. These damages are often unique to each plaintiff and may depend on how the accident impacted your life. For example, you may claim damages for emotional distress, psychological damage, bodily pain, disfigurement, humiliation, and more. While these and other painful experiences might not cost you money, they make your life harder and warrant compensation.
Punitive Damages
Although somewhat rare, punitive damages may be awarded to punish a defendant for their egregious behavior. According to 735 I.L.C.S. § 5/2-1115.05(b), a plaintiff must prove by clear and convincing evidence that the defendant acted with an evil motive or an outrageous indifference to unreasonable risks of harm, demonstrating a conscious indifference to what happens to others. This is a tremendously high bar to meet, but it is not unheard of.
According to subsection (a) of the same law, punitive damages are limited. You may be awarded no more than triple the value of your economic damages. You can maximize potential punitive damages by ensuring all your economic damages are accounted for.
Get Assistance From Our Hoffman Estates, IL Car Accident Lawyers
For a private case review for no charge, call the Rhatigan Law Offices at (312) 578-8502 and talk to our car accident attorneys.
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