Victims injured in even minor car accidents in Tinley Park often have mounting damages they need help covering. Fortunately, our lawyers can help you get the compensation you need in a lawsuit.
Starting your legal claim quickly is crucial since you only have a couple of years to organize and file your lawsuit. If the defendant is no longer in the state, we can still prepare your claim, but the time will not count against you. You will also have more time to file if you were injured as a child. We can also help you file a lawsuit even if the other driver fled the scene of your crash before identifying themselves. Most importantly, working with a legal team is the best way to ensure that your economic and non-economic damages are calculated accurately.
Call Rhatigan Law Offices at (312) 578-8502 for a free case assessment with our car accident lawyers.
When to File a Legal Claim for a Car Accident in Tinley Park, IL
Most injury victims understand they do not have unlimited time to file a lawsuit after a car accident. Illinois actually has one of the shorter “statutes of limitations,” allowing you only two years to file your lawsuit under 735 I.L.C.S. § 5/13-202. With the time it takes to gather evidence and locate witnesses, it does not leave much room for error. If a claim is filed after the deadline passes, you will forfeit your ability to recover compensation because the court will dismiss the claim. You will not be able to turn to insurance, as they do not have to pay claims filed after the limitations period closes.
If the filing window has closed or is rapidly approaching, our car accident lawyers can determine if an exception will save your right to recover compensation. However, exceptions that “toll” the statute of limitations apply to rare situations, so do not assume any good reason for not filing will do. For instance, if the defendant is absent from the state and the victim has attempted to obtain “service of process” but could not serve their lawsuit, the defendant will not be considered under the jurisdiction of Tinley Park or Illinois courts, as per § 5/13-208. The limitations period will not start until the defendant returns to the state.
Car accident victims under the age of 18 or with a legal disability when the crash happens will have the limitations period stayed until the person turns 18 or the disability is removed, according to § 5/13-211(a). At that point, they have two years to bring a legal action. The statute of limitations will still be paused even if the victim was not under a legal disability at the time of the accident but arose after the accident under § 5/13-211(b). However, this exception only allows ten years to file a car accident claim, regardless of being under a legal disability.
Filing a Lawsuit After Getting Injured in a Hit-and-Run Car Accident in Tinley Park, IL
Hit-and-run accidents are incredibly stressful not only because you are involved in a collision but also because you are the victim of a crime. If the driver panics and flees the scene, you will likely worry about how you will cover the damages since you cannot file a lawsuit against someone whose identity you do not know.
After a hit-and-run accident, call the police to report it. Give them as many details as possible for their report, and they can look for the driver right after the incident. The sooner the police are involved, the better chance you will have of finding the driver. The next step after that is to contact our team so we can start investigating the crash and determine the best way to get justice for your injuries.
You might first be able to turn to your car insurance provider for help covering your initial damages, such as medical bills and missed wages. If you elect to include uninsured motorist coverage in your insurance policy, it can cover some of the costs when a driver does not have coverage or does not stop at the scene. However, many people choose basic coverage and will not have uninsured motorist insurance.
Fortunately, 625 I.L.C.S. § 10-301(a) allows hit-and-run victims to file their lawsuits with the Illinois Secretary of State. Since the fleeing driver was using Tinley Park’s public roads, the Secretary of State is considered the criminal driver’s lawyer in order to satisfy legal process of service. Thus, you can file your lawsuit before the statute of limitations passes, even if we do not know the other driver’s identity or whereabouts.
Damages You Can Claim in a Tinley Park, IL Car Accident Lawsuit
Numerous damages can result from another driver’s negligence but can generally be categorized in two ways. The first set of damages concerns your economic losses. These are the out-of-pocket and insurance expenses you pay for medical, lost earnings, and property damage. This calculation might be relatively simple if your injuries are not too serious and we have an accurate estimate of your future care. However, if you have serious injuries, your treatment plan might go far into the future, and your lost wages might be more than your daily earnings. It also includes lost earning capacity and bonuses if you cannot return to your job.
The next set of damages is for your non-economic losses. You likely know these damages as “pain and suffering.” They are “non-economic” because they cannot be added up like the damages above. Instead, they are based on the extent of your injuries and the accident’s impact on your overall quality of life.
For example, you likely experienced physical pain when the accident happened and have lingering pain even after healing. You can be compensated for these feelings of pain. You can get non-economic damages for psychological effects like PTSD and depression.
Call Our Tinley Park, IL Car Accident Lawyers for Help Today
For a free case assessment with our car accident attorneys, contact Rhatigan Law Offices by calling (312) 578-8502.
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