Illinois Car Accident Lawsuit
When Should I File a Lawsuit for Car Accident Injuries?
Illinois is an at-fault auto insurance state. This means you can hold the at-fault driver accountable in an accident. You can do this by filing a claim with their insurance company. You can also file a lawsuit. Illinois does not limit personal injury lawsuits over car accidents.
Knowing when it makes sense to file a lawsuit over making an insurance claim is not always easy. An experienced lawyer will give you the best advice. They don’t earn a fee unless they recover damages for you so that they will be honest about your chances.
In general, it makes sense to file a lawsuit when your injuries are severe and expenses major. If you have ongoing medical bills, will have future care and medical expenses, and have lost income from injuries, you may want to file a lawsuit. Another reason to file is the loss of a partner or child in an accident.
How Do I File an Illinois Car Accident Lawsuit?
Your lawyer will walk you through the process of filing a lawsuit if you choose to take that legal action. As in most other states, an Illinois car accident lawsuit follows some or all of these steps:
- Filing a complaint with the courts
Your lawyer makes the lawsuit official by filing this document with the appropriate Illinois court. The complaint outlines your case and notifies the defendants. - Going through discovery
The complaint begins a discovery period. Both sides of the lawsuit have time to build a case by talking to witnesses and experts, gathering evidence, and holding depositions. - Trying for a settlement
To get compensation sooner, your lawyer may recommend negotiating a settlement. They will represent you in negotiations to get a fair amount from the defendants. - Litigating in court for a jury verdict
If the defendants will not negotiate or don’t offer adequate compensation, you can take your suit to court. There, your lawyer argues your case in front of a jury. The jury determines if the defendants owe you damages, and if so, how much. - Appealing or fighting an appeal
If you win in court, the defendants may appeal. This takes the case to a higher Illinois court in an attempt to have a judge overturn the verdict. You can also appeal decisions.
What is the Statute of Limitations for Car Accident Lawsuits in Illinois?
Illinois gives you two years from the time of a car accident to file a lawsuit. If you miss the deadline, the courts could refuse to hear your case. Talk to a lawyer as soon after an accident as possible to avoid this situation.
What Evidence Do I Need to Prove My Case?
While your lawyer will handle building your case for negotiations or court, they can benefit from your help. A car accident lawsuit is a type of personal injury case. You must show the defendant is negligent in liable in four basic steps:
- They had a duty to act in a certain way, such as following traffic laws.
- They failed to follow traffic laws or acted irresponsibly while driving.
- Those actions or failures directly caused your accident.
- The accident led to your injuries and resulting expenses.
To make your case, provide your lawyer with all the information they request. This may include police reports, physical evidence of your injuries, medical bills, and witness information.
What Can I Get in Damages from My Lawsuit?
Both state laws and factors unique to your case determine how much you can recover. Illinois doesn’t cap damages in personal injury cases, but it does follow comparative fault. If you share some of the blame in the accident, up to 50%, your damages can be reduced.
Individual factors that impact how much may recover in damages include:
- The extent and severity of injuries
- Any permanent or long-term injuries or disability
- Medical bills
- Expected future medical bills
- Lost wages
- Expected future lost earning potential
- Pain and suffering
Examples of Illinois Car Accident Lawsuits
Illinois has seen plenty of devastating car accidents, many followed by lawsuits. Victims and their families seek damages for medical expenses and to make up for emotional pain and suffering. These are some major cases from the state in recent years:
- William Damhoff was riding his motorcycle in 2016 when a Whiteside County deputy turned his car in front of him, causing a crash. The deputy turned the wrong way into a one-way lane without using sirens or lights. Damhoff died from his injuries. His family settled with the county for $3.6 million.[1]
- In another fatal accident, Shirley Jones, John Jones, and Kristine Trudeau died in an accident driving from Villa Grove to Newman. They struck a skid-steer, a slow-moving vehicle cleaning mud off the road. The operator had not turned on any emergency lights, and the vehicle did not have a warning sign. The estates of the two women reached settlements of $1.2 million and 2.85 million with the excavating firm responsible for the operation of the skid-steer.[2]
- Tim Walsh of Gurnee received a $16 million settlement from a dealership after one of its employees caused an accident. Walsh was on his motorcycle when the employee sped through a stop sign. Walsh suffered significant injuries, leading to the amputation of part of his leg.[3]
- Pedro Pasillas-Sanchez and his son Pedro Pasillas Delgado died in a 2018 accident in Boone County. A truck driver failed to stop at a stop sign and struck their vehicle. The family of the victims sued, took the company Consolidated Materials to court. They won a jury award of $9 million. It is a record-high jury verdict for the county.[4]
If you suffered injuries or lost a loved one in a car accident, consider contacting a lawyer. The right legal team can help you seek justice and recover damages. Don’t try to go it alone after a devastating accident.