A freak road mishap in Rockford can leave you traumatized and injured. If the other driver was drunk, speeding, reckless, or negligent in any manner, you have more reasons to feel angry. Your first priority should be your medical care. Ensure that you adhere to your physician’s advice for the treatment plan. Also, you should consult a Rockford car accident lawyer to know whether you can file a lawsuit against the driver responsible for your injuries. In this post, we are sharing basic Illinois laws in detail.
Illinois is a fault state
Illinois is one of the many states that follow a traditional fault-based system. The driver who is responsible for a car crash is also liable for the losses that others have suffered. You can recover your medical bills, lost wages, and other losses, including vehicle damage. You will have to file a claim with their insurer, and hope you will get an acceptable offer.
The Statute of Limitations in Illinois
The statute of limitations is a law that sets the time limit for filing car accident lawsuits related to property damage, injuries, and death. If you lost a loved one or have suffered injuries and wish to sue the responsible driver, you must do so within two years. The deadline starts from the date of the crash. When you want to file a lawsuit to recover losses related to vehicle damage, you have five years. Remember that these time caps are only for civil cases and not insurance claims.
The “comparative fault” rule
If two parties are liable for the same accident, the “comparative fault” rule will determine the final settlements. If you were also speeding at the time of the crash and are found to be 20% at fault, your compensation will be reduced by that percentage. However, the plaintiff’s share of the blame cannot exceed 50%. If you are at a major fault, you cannot recover anything from the other driver.
Call your lawyer
An injury lawyer in Rockford can help you evaluate the worth of your car crash claim and lend assistance for the claims process. The attorney will also deal with the insurance company, ensuring that you don’t end up accepting the initial offer from the claims adjuster. If required, the lawyer will talk to experts and gather more evidence to maximize your settlement. Ensure that you hire an attorney who is experienced with car accident claims and civil lawsuits related to personal injuries.
