Are There Limits On Illinois Car Accident Settlements?

car accident

Imagine driving near Antioch Theater or the Great Lakes Antiques Boutique near Chicago when you are rear-ended at a traffic light. You are hurt and cannot work. How will you pay your medical bills and living expenses?

Unfortunately, this scenario plays out in Illinois every day. Hundreds of people in Illinois are in minor and major auto accidents every month. Many are unable to pay their bills while dealing with debilitating injuries. If you were in an accident because of someone’s negligence, you might wonder about the size of the settlement to expect. Learn about this important topic below. If you have questions about a potential settlement, please call our Antioch car accident attorneys at The Law Offices of Robert T. Edens, P.C., today.

No Limits On Personal Injury Settlements In Illinois

The idea behind limits or damage caps on personal injury claims and lawsuits is to reduce the compensation plaintiffs can receive. Every state handles damage caps according to its laws. However, Illinois no longer has caps or limits on personal injury damages. There was a cap on non-economic damages in medical malpractice claims, but the Illinois Supreme Court struck it down in 2010.

Who Can Receive Auto Accident Compensation In Illinois?

Anyone hurt in a car accident caused by someone’s negligence can receive compensation in a claim or lawsuit. This means you could receive funds if you were a driver, passenger, pedestrian, or bicyclist who a negligent driver hurt. If you lose a loved one in an accident because of someone’s negligence, you also may receive compensation in a wrongful death lawsuit.

Also, even if the other driver does not have insurance, you still could receive compensation. This is because Illinois requires every driver to have uninsured and underinsured coverage on their insurance policy.

If a driver hits you without insurance, your personal injury attorney can help you file a claim on your insurance policy. It is essential to have an attorney represent you in this type of claim. Even though it is your policy, the insurance company may attempt to limit your compensation.

You Only Have A Limited Time To File An Illinois Car Accident Lawsuit

While there are no limits on personal injury cases in Illinois, you have a limited time to take legal action. There is a statute of limitations of only two years for filing a personal injury lawsuit. This means you have only two years from the date of injury or the date you became aware of the injury. Therefore, you should immediately contact a personal injury attorney in Antioch.

 Speak To Our Antioch Car Accident Lawyers Today!

Were you in a car accident that was someone else’s fault? You might be entitled to a car accident settlement to cover your medical bills, lost earnings, pain and suffering, and more. Please contact one of our Antioch car accident attorneys at The Law Offices of Robert T. Edens, P.C. today at (847) 395-2200. Our attorneys also serve the communities of Palatine, Antioch, Chicago, Waukegan, Libertyville, and Woodstock. 

How to Get Compensated for a Car Accident in Grayslake

grayslake car accidentA car accident can be devastating, especially if the insurance company or the other driver refuses to pay you for damages. However, you may sabotage your chances for compensation if you fail to follow proper protocols post-accident.

What You Should Do To Get Compensated After A Grayslake Car Accident

Here are some things you should do right after a car accident to ensure you can recover maximum damages.

Stop Your Vehicle

If another car hits your vehicle, stop immediately and move away from traffic. If you leave, you may be charged with a crime and may even lose your driver’s license. A hit-and-run accident that only results in damages can also land you in jail. You may also have to pay a hefty fine amounting to $2,500. If the accident caused injuries or proved fatal, you can be charged with a felony and face years in jail.

Contact The Police

Once you park your vehicle in a safe spot, contact the police and ask them to make an accident report. Do not wait. If the accident results in injuries or proves fatal for any individual, call the police within half an hour tops. You may lose your license otherwise.

Provide Essential Information

You need to provide the following information to the other driver to get compensation if you are eligible for it. This includes:

  • Your name
  • Your address
  • The license plate number of your vehicle

Types Of Damages You Can Recover From A Grayslake Car Accident

If you follow the tips mentioned above, your car accident lawyer in Grayslake can ensure you get the maximum compensation possible for your claim. You can seek two types of damages.

Economic damages

This includes tangible and objective losses that result from the accident. These damages can take the form of medical expenses, wages you lose as you recover from your injuries, property damage, physical therapy, and even transportation.

Non-economic damages

Non-economic damages include non-monetary losses. Some examples include depression, stress, loss of future earning abilities, loss of enjoyment in life, disfigurement due to injuries, and physical/mental suffering.

In Illinois, you have at least two years to file your lawsuit if you are denied compensation by your insurance company or the other driver. If your case involves a government agency or a city, you have one year to file the claim or forfeit compensation. The deadline may seem restrictive, but it is essential for preserving witness testimonies and evidence.

Calculating damages for a Grayslake car accident can be a challenge, but not if you have a skilled attorney such as Robert Edens in your corner. He can help you determine the damages you are eligible for and the settlement offer you can get.

The Law Offices of Robert T. Edens will handle everything, so you don’t have to. Robert and his team of dedicated car accident lawyers in Grayslake have been fighting for the rights of personal injury victims for more than two decades. Get in touch with Robert for a consultation today. Delays can make you lose the compensation you rightly deserve.

Am I at Fault for a Car Accident on a Slippery Road?

car accident car accident lawyersWhen driving in snowy weather, you may love the outside view and feel cozy inside the vehicle, but the piling up snow or water can on your path prove outright dangerous for you and your family. According to the AAA Foundation for Traffic Safety, bad weather and wet, slippery road conditions are responsible for half a million crashes and 2000 fatalities in the US every winter.

So what happens when you face a car accident on a slippery road? Are you at fault if your vehicle collides with another? Let’s find out:

Are You Liable in a Bad-Weather Accident?

It’s important to understand here that as a driver, it’s your responsibility to stay aware of the weather conditions and adapt your driving behavior to it. When driving in bad weather, you should anticipate challenges like flooded sections on a roadway, reduced visibility, and slick pavement. Hence, you should not just drive slower than usual but also maintain a greater distance between the vehicle and other cars. Apart from maintaining control, you must take all reasonable measures to avoid collisions.

In case your road accident occurred near your home, you must have been aware of the poor weather conditions, and thus, sections of the roads should be prone to standing water. Ignoring everything, you chose to drive fast and tailgate a vehicle in front of you. You’re certainly at fault for the collision, as it clearly indicates that you were negligent in adapting your driving to the weather.

If, however, you did everything in your power to avoid an accident, you have all the rights to argue that you were not at fault or even that the other driver was negligible. This can be true if that car’s taillights had burned out, its driver switched the lane without prior indication or another type of negligence on their part.

However, proving your point in weather-related accidents is not as easy as it sounds. Investigators will not just take your word into account, but they will also consider the stance of the opposing party as well as interview other people, evaluate the traffic congestion at the time, closely assess the road conditions and the vehicles involved in a collision, and even the black box data from cars before reaching a verdict.

Personal Injury Attorney

Hence, you need strong legal representation to succeed in a car accident case associated with bad weather. While there are many car accident lawyers out there, no one beats Robert T. Edens. Whether you faced the collision in Chicago, Waukegan, Libertyville, Woodstock, or Antioch, IL, Robert Edens is ready to help you out.