After you've been injured in an automobile crash, there are probably hundreds of questions running through your mind.
Once you've had a minute to collect your thoughts, you'll want to begin preparing to seek compensation for the damage caused by the negligent actions of the at-fault party.
Below, we have outlined some of the most important and relevant questions our clients have had about the car crash claim process and their cases. Continue reading to learn more.
Who Is Responsible for the Collision?
When preparing to move forward with a personal injury claim for an auto accident, one of the most frequently asked questions is this: Who will be sued? The answer depends on a variety of factors.
In some cases, the driver of the other vehicle will be responsible—if he or she was engaging in unsafe driving practices like distracted driving, driving under the influence of drugs or alcohol, or driving aggressively.
In other cases, a local government road authority or vehicle parts manufacturer could be named as the defendant in your case for failure to ensure the safety of the roads or the parts of the vehicle, respectively.
Your attorney will conduct a complete investigation to ensure that the correct party is held accountable in your case.
What if I’m Partially to Blame?
This is a question many of our clients have because it directly affects how much you'll be able to walk away with in terms of compensation. Illinois uses modified comparative negligence laws to determine fault in car accidents.
What this means is that you can still bring a claim against the other involved party for the damages you suffered if you are partially responsible for the accident. However, your award will be reduced based on the percentage of fault you carry.
For instance, if you were going to be awarded a sum of $100,000 but were found to be in 25 percent at fault for the accident, you would actually walk away with $75,000—25 percent less.
In addition, if you are found to be 49 percent liable or more, you will no longer be able to file a claim against the other person or people involved in your accident.
What Is My Claim Worth?
The question on almost every car wreck survivor’s mind is how much compensation they stand to receive. This is a loaded question, as every injury victim will suffer varied losses and impacts. The greater the impact on your life, the more compensation you can expect to receive.
We will calculate the value of your claim by adding your economic damages, such as your lost wages and medical bills, to your non-economic damages, such as pain and suffering, loss of enjoyment of life, and mental anguish.
There are many other damages that could be considered on a case-by-case basis. By adding the total damages together, we will get a better idea of how much your car accident claim is worth.
Call a Chicago Car Accident Lawyer
If you have additional questions about a motor vehicle crash you were injured in and would like to speak with a knowledgeable Chicago car accident lawyer at Lane & Lane, LLC, you can schedule a free, no-obligation consultation by calling our office at 312-332-1400 or completing the convenient contact form below.