The legal aftermath of a car accident can be surprisingly complicated. You may experience issues with having the insurance company pay your claim. If the at-fault driver was uninsured, you may have to pay for your damages out of pocket. These complexities would be difficult for anyone to deal with, but can be especially distressing if you are coping with an injury.
Instead of trying to handle your car accident claim alone, seek the help of an experienced Oak Lawn car accident lawyer. A personal injury lawyer could help you receive compensation for the damages you sustained in the wreck.
If the insurance company stalled on your claim, an attorney could manage the claim on your behalf and pursue what is in your best interests. Call an Oak Lawn car crash lawyer to find out how they may be able to help you.
Every motorist in Oak Lawn assumes a duty to protect others when on the road. This extends to other drivers, passengers, and pedestrians. Those behind the wheel of a motor vehicle must take appropriate steps to prevent accidents which includes following the rules of the road. A driver who fails to stop at a red light, goes the wrong way down a street, or uses cell phone while driving violates these laws. When this happens, a plaintiff may use proof of a conviction in traffic court as convincing evidence of defendant negligence. This concept of negligence per se is a powerful means of collecting compensation following a crash.
Many car crash cases are not so clear, and court will evaluate the actions of all parties using the concept called modified comparative negligence. According to 735 Illinois Statutes §2-1116, plaintiffs may need to prove that not only was a defendant at fault, but also that their own actions were proper. If a court determines that a plaintiff shared some blame for the incident, 25 percent for example, that court must reduce the plaintiff’s award at trial by that percentage. If this amount rises to 50 or more, the court will dismiss the case. A skilled Oak Lawn car accident attorney could help prove the at-fault drivers negligence in court.
Under the law, all drivers in Oak Lawn must have auto insurance. This law helps protect drivers or passengers who suffered injuries in an auto accident by allowing them to file a claim seeking compensation for their injuries and property damage. Regardless of whether they have auto insurance, a negligent driver is responsible for an accident victim’s damages.
If the at-fault party involved in the car crash is underinsured or uninsured, the injured party and their Oak Lawn car accident lawyer can sue the at-fault driver in court. Or, they may be able to file a claim with their own insurance company instead of pursuing a lawsuit.
When someone suffers an injury while fulfilling their job duties, they may be able to file a workers’ compensation claim. Workers’ compensation is a type of insurance that provides medical and financial benefits to employees hurt on the job. But filing such a claim usually precludes the injured employee from filing a legal claim.
Whether an employee needs to file a claim through their employer or if there are other legal options available depends on the characterization of the at-fault party and whether they are also an employee on the job.
As noted above, Oak Lawn drivers must have auto insurance coverage. When a driver is involved in a car crash, the individual or their Oak Lawn car accident lawyer can file a claim with their insurance company for their injuries and property damage.Unfortunately, many insurance companies will deny or delay a legitimate claim to avoid making a payout. Sometimes, a victim’s insurance company will offer compensation, but the amount may be much too low to pay for their medical expenses and vehicle repairs.
In other cases, the insurance company may agree to pay for all expenses, but then unnecessarily delay the payout. Insurance companies do not necessarily prioritize their clients’ interests and may use legal tactics to avoid paying on a qualifying claim.
Many car accidents result in life-altering injuries that place significant burdens on victims. These people may need to seek lengthy medical care or make major adjustments to their routine. Despite the obvious difficulty, there is a strict time limit following an accident for a plaintiff to demand compensation.
735 ILCS §13-202 is the state’s law concerning the statute of limitations. According to this law, plaintiffs in personal injury cases have two years following the crash to demand payment. An Oak Lawn car accident attorney could help to initiate claims that satisfy this strict time limit.
Call an Oak Lawn car accident attorney today and learn how a lawyer may be able to help you get the compensation you need for your injuries and property damage. Instead of dealing with the insurance companies alone, let an attorney manage your claim, giving you time to focus on your recovery and moving forward with your life. Call today for a free consultation.
By: Veronica F
Title: Couldn't be happier with the results
I was referred to McCready Law following a car accident and I couldn't be happier with the results of my case. Everyone in the firm is helpful, understanding and very nice. My case manager, Avilene was outstanding. I wouldn't go anywhere else.