McHenry County Car Accident Lawyer
Unfortunately, even safe driving habits can’t always protect you from the negligence of other drivers. When a car accident leaves you injured, you can rely on the help of a McHenry County car accident lawyer to protect your rights and seek compensation for your injuries. Compensation can come from the at-fault driver’s insurance carrier or through legal action through the state’s civil courts.
Connolly Injury Law: Your McHenry Car Accident Firm
If you or a loved one sustained an injury because of another driver’s poor driving habits in McHenry County, our team at Connolly Injury Law is prepared to serve you. We understand that your top priority is healing, which is why we are determined to take over the legal complexities of your situation and fight for compensation that can help you move forward. Reach out to our skilled personal injury team to learn more about how we can assist you today.
Establishing Fault Following an Accident in Illinois
It may seem obvious who caused an accident at the time of the crash, but proving fault can require the help of an experienced personal law attorney. Following an accident, you can take steps to strengthen your case by taking photos and videos of the crash site if it is safe to do so.
Gather contact information from all parties involved, including from potential eyewitnesses. Statements from people who witnessed the accident could prove crucial later on. Gathering evidence that proves the other driver caused the accident is crucial. Common types of evidence that may be admissible in court can include:
- Police reports
- Witness statements
- Photographs of the accident scene
- Surveillance camera footage
- Vehicle damage reports
- Medical records
- Expert testimony
Insurance companies involved may conduct their own investigations. Sometimes, those examinations of the accident can lead to conflicting conclusions. Having legal representation can shield you from being falsely accused of causing the accident.
If the police arrive at the scene of the accident, they will likely generate their own report as well. Provide factual and objective information to the responding officer. Do not engage in accusations. Let the facts of the case inform the police officer. If no officers arrive at the scene of the accident, you can have a police report made by following the policies of your local police department. You may be able to make your report online or over the phone.
The legal standard for proving liability in civil court is a preponderance of evidence. This means that the plaintiff must show that it is more likely than not that the defendant’s actions caused the accident and resulting damages.
Understanding Comparative Negligence
Illinois follows the framework of comparative negligence. This means that you can file a claim in court as long as you are not more than 50% responsible for causing the accident. Your settlement will be proportional to the percentage of fault the court deems you bear for causing the accident. If you are 40% at fault for causing the accident, you can receive 60% of any settlement offer.
Benefits of Hiring a Car Accident Attorney in McHenry County
If you do not have legal representation, the at-fault driver’s insurance carrier could take advantage of your vulnerability by pressuring you into signing something that is not in your interest. Insurance companies are primarily concerned with making profits, and they may put making money over your well-being.
Having an attorney can completely change the power dynamic between you and the at-fault party. The at-fault driver’s insurance carrier will know that they cannot play games or try to undercut you once you are represented by an experienced car accident attorney.
Your lawyer can tirelessly fight and negotiate on your behalf so you receive fair compensation for your injuries. If the at-fault driver is underinsured, your lawyer can explore the possibility of taking the driver to court by filing a personal injury claim. Your attorney can review your case to help you understand what your claim may be worth.
FAQs
Q: What Happens When a Car Accident Claim Exceeds Insurance Limits in Illinois?
A: If your settlement requirements exceed the insurance limits of the at-fault driver, you can hire an attorney to file a personal injury claim on your behalf. The minimum coverage for drives in Illinois is $25,000 for bodily injury. Medical bills can quickly surpass this amount. When they do, the civil courts offer another avenue for compensation for your injuries.
Q: Is Illinois a No-Fault State?
A: No. Illinois follows a fault-based system when it comes to car accidents. Under the at-fault system, the driver who causes the accident is responsible for paying for any damage or injury they cause. The primary source for compensation is the at-fault driver’s insurance policy. In certain cases, direct legal action is needed by an attorney who represents the injured plaintiff.
Q: How Much Time Do You Have to File a Claim in Illinois?
A: While every case is different, victims generally have two years to file a personal injury claim in Illinois. Exceptions to this legal deadline are rare, meaning a late filing likely means that you will not be able to use the courts to seek relief for your injuries. One way you can make sure that you do not miss important deadlines is by hiring an attorney soon after your injury.
Q: What Happens If You Have No Insurance When the Other Driver Was At Fault in Illinois?
A: If you have no insurance but the other driver was at fault in Illinois, you can still pursue a claim against the at-fault driver’s insurance for your damages. However, you may face penalties for driving without insurance, such as fines. Failing to have car insurance does not automatically disqualify you for compensation from the other driver’s insurance company or through the courts.
Q: When Should You Accept a Settlement?
A: To ensure you accept a settlement that is fair, you should always consult with your attorney first. There are many factors to consider, and you are under no obligation to accept an unfair settlement offer. Fair compensation should fully pay for your financial losses and include funds for future medical treatments that you may need.
Schedule Your McHenry County Car Accident Consultation Today
You do not have to live with the financial consequences of someone else’s negligent driving. With legal representation, you can hold the at-fault driver accountable for their misconduct. Compensation from their insurance can pay for your medical expenses, lost wages, and other losses you suffered as a result of the vehicle collision.
The attorneys at Connolly Injury Law are here to help. We have represented many clients who have been injured in McHenry County and helped them receive fair settlements. To schedule your consultation, please contact our office today.
