Victims of car accidents often have to contend with painful injuries and mounting debts. The person who caused the accident should be held responsible. Our team can assist you in getting fair compensation for your damages.
Damages in a civil injury case for a car crash may reflect numerous costs, painful experiences, and other injuries that stem directly from the accident. Medical expenses, vehicle repairs, lost earnings from missing work, and more should all be evaluated. To get fair compensation, we need evidence to support your claims. Evidence might come from anywhere or look like anything as long as it is relevant to the case. Photos from the accident, witnesses, and dashcam footage are just a few examples of evidence in car accident cases. You should take some time to think about your legal options, but it is best to speak with a lawyer as soon as possible. Plaintiffs usually only have 2 years to file claims. If the other driver fled the scene, we should involve the police, as a hit-and-run is a criminal offense.
Call (312) 578-8502 and ask our car accident lawyers at the Rhatigan Law Offices for a free, private evaluation of your claims to get started.
Your Damages in an Orland Park, IL Car Accident Case
In a civil injury lawsuit, your damages represent what you have lost, the pain you have endured, and how the accident has negatively affected your life. In rare cases, courts may award punitive damages to punish defendants for extremely bad behavior.
Economic Damages
Your economic damages are based on your monetary costs from the crash. Hospital bills are a big cost for many accident victims. Even a single trip to the emergency room for relatively minor injuries can cost hundreds or thousands of dollars. If your injuries are more serious, you might need more extensive or long-term medical care. In that case, your medical costs might be astronomical.
We should also think about how the accident affects your ability to work. Many accident survivors take some time off work to recover. The longer you are away from work, the more income you might lose. Our car accident attorneys can help you evaluate the income you have lost and might continue to lose going forward.
Do not forget to include property damage in your claims. Was your car damaged? Maybe it was totaled, and you need a new car. The cost of repairs or a replacement might be more than you can afford, but you need your vehicle now. We can make sure your property costs are included in your overall damages.
Non-Economic Damages
Many damages are not related to money. Instead, these non-economic damages are based on personal experiences. Since these damages are inherently subjective, we might not have an exact monetary value to work with. The jury usually determines how much these damages are worth based on the evidence, your testimony, and how much the accident affected your life.
Some common examples of non-economic damages include emotional distress, physical pain, humiliation, and more. Some accidents are so severe and traumatic that people live with PTSD or similar symptoms for a long time. You should be compensated for everything you have gone through, even if there is no price tag attached.
Punitive Damages
Punitive damages are less common and may be awarded to punish defendants for their actions. Even when a plaintiff is eligible to claim punitive damages, they are not guaranteed.
According to 735 I.L.C.S. § 5/2-1115.05(a), punitive damages may not exceed triple the value of economic damages. As such, we should make sure all your economic losses are present and accounted for to maximize punitive damages.
Under § 5/2-1115.05(b), we need to prove by clear and convincing evidence that the defendant’s behavior during the accident resulted from an evil motive or a reckless and outrageous indifference to serious risks of harm with conscious indifference to other people’s rights and safety. This is far above and beyond ordinary negligence in most car accident cases. While these damages are rare, they are not impossible to obtain.
The Right Time to Speak to a Lawyer About a Car Accident in Orland Park, IL
The statute of limitations in Illinois injury claims is under 735 I.L.C.S. § 5/13-202. This law imposes a 2-year limitation period beginning on the day of the accident. If your case has not been filed after 2 years, you might forfeit your legal right to file the case. Preparing for trial takes a lot of time, so you should meet with a lawyer as soon as possible.
If the filing deadline has come and gone, talk to your lawyer about the possibility of having the statute of limitations tolled. Under § 5/13-211(a), the statute may be tolled for minors and people under legal disabilities at the time of the accident. Tolling means that certain periods of time will not count toward the limitation period.
If you were a minor during the accident, your limitation period begins on the day you turn 18. If you were under a legal disability – meaning a mental condition that hinders you from understanding your rights or filing the case – you have 2 years from the date the disability is removed.
What to Do if the Other Driver Fled the Scene After a Car Accident in Orland Park, IL
Call the police immediately if you were in a car accident where another driver fled the scene. Sometimes, drivers panic and run. Other times, they realize they have made a huge mistake and run to avoid accountability.
If the other driver fled the scene, we might not know where to find them. They might not even be in Illinois. However, this does not mean they cannot be sued and held accountable for their actions. We may still sue them if they flee the state, according to 625 I.L.C.S. § 10-301(a)
The fact that they drove their vehicle on public roads or highways in Illinois is deemed an appointment by the other driver of the Secretary of State to be their lawful attorney for the purpose of serving legal process. Put another way; we do not need to know the exact whereabouts of the driver who fled the scene to sue them. We may prepare the lawsuit as usual and serve legal process on the Secretary of State.
Call Our Orland Park, IL Car Accident Attorneys Today for Support
Call (312) 578-8502 and ask our car accident lawyers at the Rhatigan Law Offices for a free, private evaluation of your claims to get started.
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