There are two important things to know about car accidents. First, they are extremely dangerous. Second, they are very expensive. After a crash, a lawyer can help you get fair compensation to cover your costs while you recuperate.
Your damages should accurately reflect your pain, injuries, and losses. This includes emotional damages alongside economic ones. While you should take your time to decide what you want to do, it is best to speak with a lawyer about filing a lawsuit soon. The statute of limitations begins to count down immediately after the accident, and time might be shorter than you realize. To support your claims, we need evidence showing the court how the defendant is directly responsible for the crash. Exactly what this evidence looks like and how we strategize with it depends on your circumstances. Compensation can be significant, often more significant than injured drivers initially think. Talk to an attorney about your case to get an idea of what your damages are worth.
To begin your case, call our car accident attorneys at the Rhatigan Law Offices at (312) 578-8502 and arrange a free assessment of your claims.
Recovering Damages for Your Car Accident Injuries in Springfield, IL
The term “damages” is a legal phrase that refers to the injuries and losses a person experiences because of an accident. Damages may include actual physical damage, monetary losses, and emotional turmoil. While many damages are assessed based on money, others might be totally unrelated to money and are more subjectively evaluated.
Lost Money
If you experienced some economic loss or cost because of the car accident, you should claim that cost as part of your damages. Since car accidents tend to result in severe physical injuries, many plaintiffs claim the cost of medical treatment. In severe cases, medical treatment might go on indefinitely, and plaintiffs can estimate and claim future medical expenses.
Bad injuries might prevent you from returning to your job after the crash. If this happens, your income and livelihood might be affected. Talk to an attorney about how much income you have missed out on so you can claim it among your damages. For those unable to return to work any time soon, you can also claim lost future income.
Do not forget about your vehicle. The cost to repair your damaged car or to completely replace it should be claimed among your damages. You should also include the value of lost or destroyed personal items, like jewelry, laptops, watches, and more.
Emotional Distress
The trauma and suffering you go through after the accident should be claimed among your damages and considered by the jury. In particularly bad accidents, drivers might be injured psychologically. The experience might leave them with an unshakable fear, and many injured drivers report feeling depressed or anxious, or have symptoms of PTSD.
Even though these experiences are not directly tied to financial costs, they can still be compensated. Juries typically have the final say on what these damages are worth, so we must show them how deeply they impacted your life.
Punitive Damages
Not all damages are awarded to make up for a plaintiff’s injuries and losses. Punitive damages, though unusual, may be awarded to plaintiffs as a way of punishing defendants for extremely bad behavior and deterring similar behavior in the future.
According to 735 I.L.C.S. § 5/2-1115.05(b), proving claims for punitive damages may be quite challenging. We must prove by “clear and convincing evidence” that the defendant caused the accident with an evil motive or an outrageous and reckless indifference to the high risk of harm and a conscious indifference to the safety and rights of other people. This kind of behavior is sometimes referred to as gross negligence and is far beyond ordinary negligence present in most cases.
Clear and convincing evidence is a high burden to satisfy. It means we must present enough evidence to create a high degree of certainty in the minds of the jurors. This is an even greater degree of persuasion than a preponderance of the evidence, which is the burden of proof for the overall civil case.
There are no caps on punitive damages. They may be as high as the jury deems fit. Even so, a punitive damages award should be proportional to the case. If an award is overly excessive, the defendant may ask the court to reduce it to something more reasonable.
Common Causes of Springfield, IL Car Accidents
A car accident might happen at any time for countless reasons. We may need to work closely with the police as they investigate your accident to determine exactly what went wrong. This information is necessary so our car accident attorneys know who is to blame for the accident and how we must prove it.
Traffic Violations
Many vehicle accidents are the result of ordinary traffic violations. These violations are very common, as they might not lead to accidents. Drivers might fail to signal a turn or run a stop sign, and nothing bad happens. However, when someone bad does happen, as it often does, it might be an extremely bad accident.
For example, if you were driving through an intersection on a green light, another driver coming from a different direction might be distracted and not see that they have a red light. They might blow the red light just as you enter the intersection, T-boning your car. While this is a common traffic violation, it is an extremely dangerous one.
Other violations might involve speeding, failing to signal, or ignoring traffic signs and lights. Remember, the traffic code exists for a reason. If the other driver violated the traffic code, the police might have issued them a citation, which might be used as evidence in your civil case.
Distracted Driving
One of the leading causes of car accidents across the country is distracted drivers. While some drivers have always struggled with keeping their eyes on the road, distractions have become an increasingly prevalent problem thanks to things like cell phones and other electronic communications. Perhaps the other driver was texting or making a phone call when the accident happened. If we can show that the accident was a direct result of their failure to pay attention to the road, you may be awarded substantial damages.
Reckless Driving
Some accidents boil down to generally reckless driving. There might not be one act of negligence but many that are directly related to the accident. Reckless driving might involve speeding, careless driving, and a lack of consideration or concern for other drivers.
According to 625 I.L.C.S. § 5/11-503(a), a person may be charged for reckless driving in one of two ways. First, they may be charged if they operate a vehicle with wanton or willful disregard for other people’s safety. Second, they may be charged if they knowingly drive a vehicle on a roadway incline (e.g., a bridge approach, railroad crossing, hill) to make the vehicle become airborne.
This is more than a mere traffic ticket. Someone who commits reckless driving may be charged with a Class A misdemeanor. If they cause an accident that leads to injuries or death, the charges and penalties may be even worse.
When You Should Take Legal Action After a Springfield, IL Car Accident
It is understandable to hesitate when deciding whether to take legal action after a car accident. Lawsuits are notoriously difficult, and the outcome is not a sure thing. Many people would rather avoid a lawsuit if possible, but sometimes the damages are just too big to let go. According to 735 I.L.C.S. § 5/13-202, plaintiffs have only 2 years to file personal injury claims before they lose their right to file the claim at all.
If you are not sure whether filing a lawsuit is right for your situation, talk to an attorney anyway. Even if you decide not to pursue a lawsuit, other legal channels might work better for your case. On top of that, the sooner you discuss your case with a lawyer, the sooner they can get to work. If you wait until the deadline to file is too close, your attorney might not have adequate time to prepare.
How to Support Your Car Accident Case in Springfield, IL
Evidence comes in various forms and tends to differ between cases. What works for one case might be totally irrelevant in another. As such, you should talk to your attorney about what evidence you need to support your claims after a car accident.
Evidence of the accident scene itself could be key evidence in your case. If you have photos from the crash, they might shed light on how the accident happened and be entered as evidence. Photos are common in these cases because drivers often take them to show insurance companies. Our car accident lawyers can also investigate dashcam footage or footage from nearby security cameras or traffic cameras.
Witness testimony can be very powerful. Perhaps you exchanged contact information with some people who were nearby and stopped to render aid. If you did not, we can review police reports about the crash to see if the police spoke with any witnesses. If they did, the police reports might contain their names and contact information.
What Happens if the Other Driver Claims You Caused the Car Accident in Springfield, IL?
Negligent drivers rarely admit their wrongdoing. In many cases, a defendant in a car accident case argues that the plaintiff either shares blame for the accident or is totally responsible for it. They might even file their own case for damages. If this comes up in your case, the court may decide what happens according to Illinois’ modified comparative negligence rule.
According to 735 I.L.C.S. § 5/2-1116, your damages may be reduced according to your share of fault as determined by the trier of fact (i.e., the jury or judge). If you are found to be 20% responsible for the car accident, your overall damages may be diminished by 20%. However, this rule only extends so far.
If a plaintiff is deemed more than 50% responsible for an accident, they may be prohibited from recovering damages. This means that you might never get fair compensation, and the defendant might file their own claim against you to recover their own damages.
We need evidence showing that the defendant is the sole cause of the accident. Depending on what kind of arguments the defendant makes, we might also need evidence of your own actions. The evidence should show how your actions were not negligent and not directly connected to the accident.
The court will only determine comparative negligence if the defendant’s arguments have merit. They might try to claim that you share blame for the accident, but if they cannot back their claims up with any evidence, the court might immediately reject it and move forward with the case. Even so, we should be prepared for claims like this, as they are common.
How You Might Receive Financial Compensation for a Car Accident Claim in Springfield, IL
How plaintiffs get paid financial compensation might vary based on the situation. Since all drivers are required by law to carry auto insurance, defendants are usually insured, and their insurance company will likely cover the cost of damages, at least to a certain extent. In some cases, plaintiffs piece together compensation from the defendant’s insurance and their own.
Unfortunately, some defendants choose to drive while uninsured. In that case, they might have to pay your compensation out of their own pockets. This can be problematic when defendants are insolvent or cannot afford to pay. In such cases, we can work with courts to seize assets or garnish the defendant’s wages. Alternatively, we can try to work out an agreement with the defendant for a lump sum settlement or even an installment plan.
If the other driver lacks insurance, but you are not so sure about filing a civil case, consider filing an uninsured motorist claim. Under 215 I.L.C.S. § 5/143a-2(1), uninsured or underinsured motorist policies are required in Illinois, meaning all drivers must carry them. Your uninsured and underinsured motorist coverage must be at least equal to your liability coverage, never less. If the defendant in your case was uninsured, and you do not believe they can afford your damages out of their own pockets, you might instead file an uninsured motorist claim with your own insurance.
Check the limits of your policy with your lawyer. If your damages may be adequately covered, you can file an uninsured motorist claim without having to go to court. However, you might still need to prove that the other driver is at fault for the crash. This kind of coverage can be extremely helpful in hit and run accidents where the other driver cannot be found, so injured drivers cannot file third-party claims with their insurance.
Call Our Springfield, IL Car Accident Lawyers for Assistance and Support
To start your case, contact our car accident attorneys at the Rhatigan Law Offices by calling (312) 578-8502 and schedule a free evaluation of your claims.
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