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Being involved in a vehicle wreck can result in devastating financial loss, serious physical and emotional injuries, and even loss of life. If you or a loved one has been in a collision, reach out to a determined personal injury attorney for help addressing these challenges.
Although the legal process may be overwhelming if you represent yourself, an Aurora car accident lawyer could provide valuable assistance. Schedule an initial consultation with the professionals at McCready Law today and feel the relief of having a dedicated team on your side.
An Aurora lawyer could assess if negligence was the primary cause of a car collision. Negligent driving behavior can include speeding, texting, drinking behind the wheel, and other unsafe actions.
This step in the litigation process is critical because of comparative negligence. Illinois implements a modified comparative negligence law, which determines whether a party can collect damages after an accident. Even if an injured party is partially at fault for a wreck, they can still recover a reduced amount.
However, a plaintiff cannot obtain damages if it is determined they are more than 50% liable for their own injury per 735 Illinois Compiled Statutes § 5/2-1116. For example, if a jury finds that a person is 51% responsible for a car crash, no compensation can be collected, even if they were seriously injured.
Along with needing evidence of negligence, it is also vital that the plaintiff file their lawsuit on time. A suit must be filed before the statute of limitations expires, and missing this deadline could eliminate the ability to collect damages.
In Illinois, a claimant has two years to file a personal injury claim, according to ILCS 735 § 5/13-202. However, the statute of limitations provides five years to file for property damage cases based on ILCS735 § 5/13-205.
An Aurora lawyer could assist in evaluating collectible damages after a car collision. Damages are typically separated into two categories: compensatory and punitive. Compensatory damages can be economic or non-economic. A plaintiff could receive economic damages to compensate for the following:
Non-economic damages are more challenging to calculate because they are intangible harms, like pain and suffering. However, a claimant can be compensated for these injuries as well, such as:
Punitive damages are meant to punish a defendant for exceptionally bad conduct. Like a judge or jury, a fact finder generally determines whether punitive damages are appropriate.
After a vehicle collision, your life could be impacted forever. On top of property damage and medical bills, you may be dealing with physical pain and emotional trauma. When someone else’s negligence was the cause of your injuries, you deserve justice for their wrongdoing.
Our Aurora car accident lawyers could advocate for you throughout your legal proceedings and pursue adequate damages to compensate you for your losses. Schedule an initial consultation with McCready Law today to review your case with a compassionate legal professional.