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Car accident law in Chicago falls under personal injury law and encompasses the legal rules that determine liability following a traffic accident. In most cases, the law requires drivers to exercise reasonable care when on the road. If a driver fails to fulfill this legal duty and causes harm to another person due to negligence, they can be held liable for any damage or injuries caused.
There are several situations where legal help may be required after a car accident. If you've been seriously injured, are faced with expensive medical bills, want to negotiate with insurance companies, or need to take legal action against a negligent driver, hiring a car accident lawyer can be greatly beneficial. They can help you gather evidence, provide legal advice, present a strong case, negotiate settlements, and represent you in court if necessary.
In Chicago, car accident laws are governed by Illinois state law. The state follows a 'fault' system when it comes to car accidents, meaning the person who caused the accident is responsible for any harm done. This can include car repairs and medical expenses. It's also important to note that Illinois has a comparative negligence rule. This means that even if you are partially to blame for the accident, you can still receive compensation. However, your compensation will be reduced by the percentage of your fault.
According to Illinois state law, in most cases, you have two years from the date of the accident to file a personal injury lawsuit and five years to file a lawsuit for property damage. It's important to seek legal counsel as soon as possible to ensure you meet these deadlines.
First, ensure you are safe, then report the accident to the police. Gather as much information as you can from the accident site, such as the other driver's contact and insurance information, and photographs of the scene. Seek medical attention even if you do not feel injured as some injuries may manifest later.
If the other driver is uninsured, your uninsured motorist coverage, if you have it, could cover your damages. If your coverage isn't enough or you don't have uninsured motorist coverage, you may need to sue the other driver directly to recover compensation.
The amount of compensation depends on several factors such as the severity of your injuries, the cost of medical treatment, if you're unable to work, and the extent of property damage. An experienced car accident attorney can help you estimate the potential value of your case.
It's generally not advisable to accept the insurer’s initial offer without consulting with a lawyer. Insurance companies often try to minimize payouts. An attorney can ensure you receive a fair settlement that fully covers your medical expenses, lost wages, and property damage.
You might consider reaching out to local organizations that can provide valuable guidance, such as the Chicago Bar Association. In addition, governmental bodies like the Illinois Department of Transportation and the Illinois Department of Insurance can provide information related to car accidents and insurance policies.
If you've been involved in a car accident in Chicago and need legal help, start by researching and consulting with experienced car accident attorneys in the area. They will review your case and guide you on the next steps, such as filing an insurance claim, gathering evidence, or proceeding with a lawsuit if necessary. Most importantly, remember to take care of your physical and emotional wellbeing after an accident.
