Often, car accident victims don’t receive fair compensation. Sometimes they don’t understand their total losses, while in other cases they make the mistake of accepting an early insurance settlement. However, Illinois car accident victims have the right to sue for fair compensation, but there is a time limit.
Illinois Statute of Limitation and Car Accidents
Car accident victims have two years from the date of an accident to file a lawsuit. This time limit, known as a statute of limitations, is a legal necessity, serving the purpose of keeping things fair for every party involved. That doesn’t mean that the case must be resolved within two years, but you must initiate a claim within the two-year period.
What You Need to Sue After an Illinois Car Accident
Although you may be within Illinois’ statute of limitations, that doesn’t necessarily mean that you have a case. Before suing, there are a few things that you will need to do to prove your damages.
Gather Evidence
Evidence is crucial in all car accident cases, but especially for those who seek to sue for damages. The process of building your case can begin as soon as the car accident occurs; for more on what to do directly after a car accident, read here. After the accident, keep detailed records of any costs related to the accident such as auto repair and hospital bills. Make copies of other evidence like witness statements, photographs or videos, police reports, and anything else that could be relevant to your case.
Determine Fault
It may be obvious to you that the car accident wasn’t your fault, but that doesn’t mean that everyone else will agree. Before you can sue, you must first prove that the other party was more at fault than you. Illinois uses modified comparative negligence to determine fault in car accident cases. That means that you can recover damages from a car accident as long as you can prove that the other party was at least 51% at fault.
Calculate Costs
In order to be compensated, you must first calculate your losses from the accident. Some damages, such as those related to injuries or property damage, have a monetary value assigned to them. This is where your documentation will come in handy because you’ll be able to put a precise number on your total losses. Other damages, called non-economic damages, are more difficult to calculate. After all, what dollar value can you place on pain and suffering? This is where an attorney comes in. Car accident attorneys have experience with determining a reasonable amount you can sue for pain and suffering, increasing your chances of winning your case.
Thinking About Suing After a Car Accident in Illinois?
Before you accept an insurance settlement or let the two-year statute of limitations expire, it’s important to explore all of your options by discussing your case with a car accident lawyer. At the Saperstein Law Group, P.C., we represent car accident victims across the state of Illinois as they seek justice and fair compensation. Contact us today to discuss your case with a member of the Saperstein Law team during a free case evaluation.