Car accident victims often face complex challenges following a collision. From medical bills to car repairs, it all adds up quickly, leaving the victim in need of compensation – especially when the car accident wasn’t his or her fault. Filing a lawsuit may be an option for car accident victims, but before suing, it’s important to understand what it takes to successfully sue for car accident damages in Illinois.
When to Sue for an Illinois Car Accident
Fault
Before suing for car accident damages, it’s essential to understand who was at fault. Illinois is an at-fault state, which means that the party at fault is responsible for any injuries, property damage, or other losses caused by the collision. However, under the state’s comparative negligence rule, you can only pursue compensation if you were less than 50% at fault.
Damages
Without losses, there is no reason to sue. Therefore, you must have suffered damages as a result of the accident. Car accident damages can vary greatly depending on the nature of the accident, but often involve injuries that can range from cuts and bruises to broken limbs, fractures, and brain injuries. Injuries aren’t the only damages, though; many car accident victims suffer lost wages, mental anguish, property damage, and more. There are also the long-term damages to consider, such as ongoing medical treatment that could last for years.
Once you’ve determined fault and calculated damages, the next step should be to file an insurance claim. Whose insurance is responsible depends on the type of accident. The issue that many car accident victims face is that the settlement amount offered by insurance doesn’t fully cover any current and future damages; alternatively, the driver doesn’t have enough coverage to cover the entire amount owed. When negotiation fails, the next step is to consult with an attorney to determine whether you should sue.
How Long Do You Have to Sue Someone for a Car Accident in Illinois?
Also known as a statute of limitations, you have a limited amount of time after a car accident to file a lawsuit. In Illinois, the statute of limitation on car accidents is two years from the date of the accident. The decision to sue after a car accident shouldn’t be taken lightly, but it’s also important to make a decision sooner than later. This is especially true if you’re injured as a result of the accident. Health complications and mental anguish or distress often prevent a person from filing a lawsuit, but it’s also important to remember that you aren’t alone if you decide to sue.
If you’re still on the fence about suing for damages from an Illinois car accident, it’s important to fully understand your options. Discuss your case with an Illinois car accident attorney at Saperstein Law Group, P.C. We are experienced car accident lawyers specializing in Illinois law and are ready to help you fight if you decide to sue. Contact us today to schedule a free case evaluation with our law team to learn more about if suing is the right choice for you.