Chicago Car Accident Lawyer

A: The majority of legal claims arising from accidents do not reach a civil trial; therefore, the parties never go before a jury. They are typically resolved earlier in the litigation process through a negotiated settlement between the parties. There are many reasons why parties may decide to settle, including trial expense, stress, privacy and excess length of time. The decision to settle ultimately belongs to the client, although the client’s attorney will typically advise the client as to the pros and cons of accepting the settlement.

However, if the opposing party is unwilling to negotiate, or the plaintiff (injured person) will not receive sufficient compensation to cover their damages, a case will proceed to trial and the parties will go to court.  Having an experienced attorney, that was well prepared to go to court from the outset, will maximize the likelihood of a successful outcome in trial.

A: In civil law there are time limits in which a plaintiff (injured person) must file a civil claim or be forever barred from doing so.  These time limits are called statutes of limitations.

In Illinois, a lawsuit for personal injuries must be filed within two years of the date of the accident (or within two years after the cause of action accrued) or it will be barred. 735 Ill. Comp. Stat.  5/13-202.  If the plaintiff is under the age of 18, or is under legal disability at the time of the accident, they must bring the civil claim within two years after the person turns 18, or the disability is removed. 735 Ill. Comp. Stat. 5/13-211(a).

Under the Local Governmental and Governmental Employees Tort Immunity Act, a lawsuit against a local entity or its employees for any injury must be filed within one year of the date of the incident. 745 Ill. Comp. Stat. 10/8-101(a). In Illinois, a lawsuit for property damage must be filed within five years of the date of the accident. 735 Ill. Comp. Stat. 5/13-205.

It is best to contact a car accident attorney who has experience with Illinois law in order to accurately determine the appropriate statute of limitations for your specific situation.

A: If you are planning to file a personal injury lawsuit against an individual, there is no specific set time that you need to notify that individual.  However, you should be aware that Illinois employs a two-year statute of limitations for personal injury lawsuits, 735 Ill. Comp. Stat.  5/13-202 and if you do not comply, you will be barred from recovery.

A: The length of time it will take to settle an automobile accident depends on many factors and will vary from case to case.  Such factors include: the question of liability, the significance of the injuries involved and the recovery period for those injuries. Additionally, the length of time will be directly related to the insurance company.

Many personal injury cases can be settled between the victim and the at-fault driver’s insurance company through a claims adjuster.  The victim and claims adjuster work through a series of negotiations to reach a settlement.  The settlement may be reached within a matter of weeks of the accident; however, claims adjusters are skilled negotiators and tend to propose a low-ball offer.  Because a settlement waives your rights to future claims arising from the accident, it is not recommended to accept a settlement from an insurance company until you have fully recovered from your injuries so that you know the extent of your medical expenses.

Generally, if you have been injured in an automobile accident you should speak to an attorney as soon as possible.  Working with an attorney may take several months to negotiate a settlement; however, an experienced attorney will be able to provide guidance before you speak with the at-fault’s insurance agency and give legal advice if you have questions about the settlement value of an insurance claim.

In certain circumstances, an Illinois automobile accident cannot be resolved by a settlement because the opposing party is unwilling to negotiate, or the plaintiff (injured person) will not receive sufficient compensation to cover their damages, and a lawsuit must be filed. A lawsuit gives the plaintiff time to depose witnesses and assess the extent of their injuries.  However, the majority of automobile accidents settle before going to trial.  If your case goes to trial, having an experienced attorney, that was well prepared to go to court from the outset, will maximize the likelihood of a successful outcome.

A: Yes, under Illinois law all drivers are required to carry liability coverage insurance. 625 Ill. Comp. Stat. 5/7-601(a).  Drivers must carry liability coverage of at least $25,000 per person for injury or death, at least $50,000 for injury or death of two or more people, and at least $20,000 for property damage of another. 625 Ill. Comp. Stat. 5/7-203.  A driver that fails to comply with these laws may have their license plates suspended. 625 Ill. Comp. Stat. 5/7-601.

Illinois also requires that drivers obtain uninsured motorist coverage with limits that are equal to your bodily injury liability coverage ($25,000); however, this does not cover property damage. 215 Ill. Comp. Stat. 5/143a. Uninsured motorist coverage will help cover injuries to you or your passengers if you are involved in an accident with an uninsured driver.

A: While there are many automobile insurance options one may chose, there is really no such thing as a ‘full coverage’ catchall.  When people speak about full automobile coverage they are generally stating that they have liability coverage, property coverage and uninsured coverage.

However, this may not mean that the driver is adequately insured.  For example, Illinois law states that all drivers are required to carry liability coverage insurance of certain minimum amounts. 625 Ill. Comp. Stat. 5/7-601(a).  Drivers must carry liability coverage of at least $25,000 per person for injury or death, at least $50,000 for injury or death of two or more people, and at least $20,000 for property damage of another. 625 Ill. Comp. Stat. 5/7-203. In some cases the minimum amount of coverage may not be adequate to cover all the expenses of the accident.

It is important to contact an experienced Illinois automobile accident injury attorney to evaluate your specific case.

A: Despite Illinois’ mandatory automobile liability coverage, there continue to be people that drive uninsured.  Additionally, most uninsured drivers have no assets to collect in order to satisfy your damages claim.

Illinois’ requirements that drivers obtain uninsured motorist coverage with limits that are equal to your bodily injury liability coverage ($25,000) 215 Ill. Comp. Stat. 5/143a helps cover injuries to you or your passengers if you are involved in an accident with an uninsured driver.

A: Yes.  You have a duty to cooperate with your own insurance company after an automobile accident. Most insurance companies require their policyholders to report an automobile accident and give the basic facts. However, limit your conversation with the insurance company to discussing the facts.  Never admit liability (fault) or make accusations.

Before speaking with your insurance company contact an experienced motor vehicle accident attorney who will be able to provide guidance and give legal advice if you have questions about the settlement value of an insurance claim, the terms of your insurance policy, or if you suspect insincerity on the part of your insurance company.

A: Generally, personal injury attorneys do not charge a fee for the initial consultation or the review of the facts that surround your case. Personal injury attorneys usually work on a contingency fee basis, where the attorney agrees to accept a fixed percentage of the recovery for the client in the form of a settlement or a jury verdict. If you lose the case, neither you nor your attorney will get compensation.  However, even if you lose, the client will have to pay court-filing fees, costs related to deposing a witness and other similar charges.

The Lamber-Goodnow Injury Law Team assists clients on a contingency fee basis, which means our lawyers only get paid when and if we secure a favorable settlement or verdict. Let us help you accurately evaluate the value of your case and make the most informed decision for your specific situation.

A: During the first meeting with your attorney after an automobile accident, the attorney will want to know what happened, and they may want to collect a variety of information from you. The length of the meeting will vary from case to case and will depend on the complexities of your specific situation.

During the meeting, the attorney will ask you to tell them about the accident and your resulting injuries.  Make sure to share with the attorney all relevant information about your accident and injuries.  Even if you do not end up hiring the attorney, the information will be subject to attorney-client privilege, so it is very important to be honest. Allow the attorney to decide whether the information is, or is not, in your favor.  It is better for the attorney to know all relevant information upfront, instead of having to find out information that may hinder your case later.

The attorney will collect a variety of information relating to your accident and injury, including contact information of other people involved in the accident, witnesses to the accident, medical treatments you have received, police reports, photos of the injury or of the accident scene, information about your insurance coverage or if you have spoken to a claims adjuster, and any other relevant information. Additionally, your attorney will likely discuss the practical aspects of your case, including different costs to expect, fee agreements and a representation agreement.

Following the initial meeting, the attorney may need time to consider your case; this is a common occurrence and should not cause undue worry.  If the attorney agrees to represent you, they may ask you to sign an agreement for representation.  Make sure to read the agreement and ask the attorney any questions you may have.  The attorney should explain the agreement in detail and allow you to take it home to review before signing.  Additionally, if the attorney agrees to represent you, they will probably tell you what the next steps will entail, as well as how they will keep you informed of the progress in your case.

An attorney may also decline to take your case.  There are many reasons that this may occur, including the attorney’s large caseload, their specialties, their family situation, or you may find that in their opinion you do not have much of a case.  If this occurs they may refer you to another attorney.

A: There are several types of damages that a person may claim in a personal injury lawsuit involving an automobile accident in Illinois. The Illinois Supreme Court has stated that the primary goal of an award of damages in a tort case is to compensate the plaintiff (injured person) for his or her injuries.[2]

The Illinois Pattern Jury Instructions give eleven major categories in which a plaintiff may claim damages.  These categories include: “(1) the nature and extent of the injuries; (2) the expected duration of the injuries; (3) the aggravation of pre-existing ailment or condition; (4) disfigurement; (5) disability or loss of a normal life; (6) pain and suffering, past and future; (7) emotional distress, past and future; (8) the expense of necessary medical care, past and future, (9) the value of time, earnings, profits, and salaries lost, past and future; (10) the cost of caretaking expenses, past and future; and (11) the plaintiff’s age and any shortened life expectancy.”[3]

Additionally, when a third party injures one spouse, the other spouse has an action against that third party for damages.  This action is called loss of consortium. A loss of consortium includes loss of marital support (the injured spouse is unable to financially support or contribute), and loss of companionship and sexual relationship.[4]

A plaintiff is also entitled to the reasonable expense of necessary repairs to damaged property.[5] Moreover, a plaintiff may claim punitive damages in Illinois in cases where the acts were particularly egregious.  The purpose of punitive damages is to punish the defendant and to deter them and others from committing the same or similar acts in the future.[6]

Furthermore, Illinois follows the collateral source rule, which prevents a jury from hearing that a plaintiff may have insurance benefits, social security benefits, workers’ compensation benefits or pension benefits.  This prevents the jury from learning anything about a collateral benefit that might affect its judgment on the amount of damages given to the plaintiff.[7]

A: Yes.  After an automobile accident, injuries may cause you to lose your earning capacity.  This may include time spent in the hospital, time spent at physical therapy, problems with mobility, or circumstances where a person is so significantly injured they are unable to return to their employment.

In Illinois, a plaintiff (injured person) may recover compensatory damages if they are injured in an automobile accident.  Compensatory damages compensate the plaintiff for his or her past or future losses caused by the defendant’s actions.[8]  Compensatory damages may include past and future lost earnings, and profits or salaries that they would have received while working.[9]  This may also include sick time, and vacation time.

A: Yes.  If a husband is negligent and caused his son’s personal injuries, a mother may sue her husband on behalf of her son. 750 Ill. Comp. Stat. 65-1.  If the husband caused the son’s personal injuries, the son has the same right to recover as a person that is not related.  The son may file a lawsuit against the father if he is 18, however, if the son is a minor, his mother, or a court appointed guardian, (“guardian ad litem”) must bring the case.

If the son is under the age of 18, or is under legal disability at the time of the accident, he must bring the civil claim within two years after he turns 18, or the disability is removed. 735 Ill. Comp. Stat. 5/13-211(a).