When a car accident injures you and damages or destroys your car or personal property, you may have a financial claim against the driver or other parties responsible for the crash. But what compensation can you expect to recover after a car accident in Illinois?
Types of Compensation Available in Car Accident Claims
When you suffer injuries and property damage in an Illinois car accident caused by another driver’s or party’s fault, you may have legal claims to seek recovery for financial and personal losses you sustain from the accident. A car accident attorney can help you recover compensation for your:
- Costs of medical treatment and rehabilitation for injuries
- Long-term disability care expenses if car accident injuries result in prolonged or permanent physical impairments
- Costs of vehicle repairs or reimbursement for the value of your totaled vehicle
- Lost wages or income after missing time from work to recover from car accident injuries
- Lost future earning potential if you cannot return to your job or other forms of work due to disabilities
- Pain and suffering from your injuries
- Emotional trauma or distress
- Lost quality of life caused by disabilities or significant scarring/disfigurement
In rare cases, a car accident victim may seek an award of punitive damages from an at-fault driver in a car accident lawsuit. Punitive damages do not compensate crash victims for losses. Instead, punitive damages punish the at-fault driver for reckless, wanton misconduct arising from a conscious disregard for others’ safety.
Factors Affecting Compensation
Although no one can predict how much compensation you might recover in an Illinois car accident claim, various factors will affect the outcome of your case and your financial recovery, such as:
- The severity of your injuries: Sustaining more catastrophic injuries may increase your compensation in a car accident claim, as you will need more expensive medical care, spend more time out of work, and have a higher risk of developing permanent disabilities.
- The allocation of fault: Illinois uses a modified comparative negligence system, under which an injured car accident victim can recover compensation only if they have a lower share of fault than the other at-fault party or parties. Furthermore, any share of fault they bear for the accident can proportionally reduce their financial award in a car accident claim.
- The availability of insurance coverage: The applicable insurance coverages and policy limits may determine how much compensation you recover in a car accident claim, as the at-fault driver’s liability coverage limits may provide the sole source of compensation for your injuries.
- Assistance from legal representatives: Hiring a car accident attorney can help you build a more compelling legal claim, strengthening your position when seeking financial relief. Furthermore, an experienced attorney can more effectively negotiate on your behalf when seeking a settlement with insurance companies.
How Can You Maximize Your Compensation
Taking prompt after a car accident can put you in the best position to maximize your financial recovery for your injuries and losses. Steps to take to protect your rights and options after a car crash include:
- Report the accident to law enforcement to have an officer come to the scene to prepare a police crash report. Remember to obtain a copy of that report.
- Seek immediate medical attention to identify injuries you sustained in the crash.
- Notify your auto insurance company about the accident and review the coverages provided by your policy.
- Follow your doctor’s treatment plan and recovery instructions.
- Obtain copies of your medical records of your treatment and rehab.
- Keep bills, invoices, or receipts for medical care or vehicle repairs. Gather copies of your pay stubs/income statements if you must miss time from work or cannot return to the workforce due to injuries or resulting disabilities.
Contact a Car Accident Attorney Today
After getting hurt in a car crash in Illinois, you may have the right to seek compensation from an at-fault driver or other liable parties. Contact Saperstein Law Group today for a free, no-obligation consultation with our legal team to discuss your rights and options for obtaining financial relief after a motor vehicle accident.