How Can I Get Money For a Car Crash That Was Not My Fault?

 Posted on March 25, 2024 in Car Accidents

Being involved in a car accident that was not your fault can be a traumatic and overwhelming experience. Not only do you have to deal with injuries and property damage, but you may also face financial losses because of medical expenses, lost wages, and other related costs. Fortunately, an Illinois lawyer can help you seek compensation if you have been injured in a car accident caused by another party’s negligence.

Determining Fault

The first step in pursuing compensation for a car accident is to determine who was at fault. In Illinois, the legal concept of "negligence" applies to car accident cases. Negligence occurs when a driver fails to exercise the degree of care that a reasonably prudent person would have used under the same circumstances. Some common examples of negligent driving behaviors include the following:

• Speeding

• Running red lights or stop signs

• Distracted driving (texting, eating, etc.)

• Driving under the influence of drugs or alcohol

• Failing to yield the right of way

If you can establish that the other driver’s negligence caused the accident and your resulting injuries, you may be entitled to compensation.

Filing an Insurance Claim

In most cases, the process of seeking compensation for a car accident begins with filing a claim with the at-fault driver’s insurance company. Illinois is a "fault" state, which means that the insurance company of the driver who caused the accident is typically responsible for paying damages to the injured parties. When filing a claim, be sure to provide the insurance company with detailed information about the accident, including:

• Date, time, and location of the accident

• Names and contact information of all parties involved

• Police report (if available)

• Photos or videos of the accident scene and damage

• Medical records and bills related to your injuries

It is important to be honest and accurate when providing information to the insurance company, as any false or misleading statements could jeopardize your claim.

Seeking Potential Compensation Through a Personal Injury Lawsuit

If the insurance company denies your claim or offers an insufficient settlement amount, you may need to pursue compensation through a personal injury lawsuit. Knowing that you have an attorney on your side often makes insurance companies much more likely to pay out the sums that victims truly deserve, rather than only giving lowball offers.

In Illinois, you generally have two years from the date of the accident to file a lawsuit against the at-fault driver. For the best chances of success, make sure you prove that the other driver owed you a duty to operate their vehicle in a reasonably safe manner.

You will need to show that the other driver breached this duty through negligent behavior, such as speeding or running a red light. You must also provide evidence that you suffered quantifiable damages, such as medical expenses, lost wages, or pain and suffering. An attorney can help you gather evidence, build a strong case, negotiate with the insurance company, or represent you in court if necessary.

Potential Compensation

If you are successful in your personal injury lawsuit, you may be entitled to various types of compensation, including the following:

• Medical expenses (past and future)

• Lost wages

• Property damage

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

The amount of compensation you receive will depend on the severity of your injuries, the extent of your financial losses, and the specific circumstances of your case.

Contact a Des Plaines, IL Personal Injury Lawyer

It is important to understand your legal rights and options for seeking compensation. By working with a Mt. Prospect, IL personal injury attorney, you can navigate the claims process and pursue the potential financial recovery you deserve. Call Grauer & Kriegel, LLC at 847-240-9010 for a free consultation with a lawyer who is ready to aggressively fight for you.