If you’ve been in a car accident and suffered injuries, you may be entitled to compensation. Understanding how car accident compensation works in Illinois is key to ensuring you receive the full amount of damages you deserve in an Illinois car accident settlement. An experienced car accident lawyer from The Kryder Law Group, LLC Accident and Injury Lawyers can help explain to you all the factors that could affect the amount of compensation you receive from a car accident claim in Illinois.
In this Article
What is car accident compensation in Illinois?
Car accident compensation is the amount of money that you may be entitled to receive after being injured in a car accident. This can include money for medical bills, lost wages, pain and suffering, and more. The amount of compensation you might get for car accidents will depend on a number of factors, including the severity of your injuries, the extent of your damages, and who was at fault for the accident. The insurance company will take these factors into account when offering a car accident settlement.
Who can receive car accident compensation in Illinois?
Generally, any person who is injured in a car accident caused by another person’s negligence can receive car accident compensation. This includes drivers, passengers, pedestrians, and bicyclists who are hit by a negligent driver. In some cases, even the family members of those killed in a car accident may be able to receive compensation through a wrongful death claim.
Illinois requires all drivers to carry uninsured motorist coverage (UIM) as part of their own insurance policy. So, even if the other driver doesn’t have insurance, you may be able to seek compensation from your own insurance company.
What are the common types of car accident compensation in Illinois?
There are common types of both economic damages and non-economic damages you can claim compensation for in Illinois including: medical expenses, lost wages, property damage, and pain and suffering.
Medical Expenses
Medical expenses include any costs related to your treatment for your bodily injuries, including hospitalization, surgery, medication, and physical therapy. If you have suffered a permanent injury, you may also be able to receive compensation for future medical expenses.
Lost Income
Lost wages are damages that reimburse you for the income you lost while recovering from your injuries. This can include lost earnings from time missed at work as well as any future earning potential if your injuries prevent you from returning to work or working at the same capacity as before.
Property Damage
Property damage includes reimbursement for the repairs or replacement of any personal belongings that were damaged in the accident, such as your vehicle, clothing, or electronics.
Pain and Suffering
Pain and suffering is a type of non-economic damage that compensates you for the physical and emotional anguish caused by your injuries. This can include things like physical pain, disability, disfigurement, scarring, emotional distress, and more.
How is a car accident settlement calculated in Illinois?
There is no set formula for how a car accident settlement is calculated in Illinois. Instead, the amount of damages you might get will depend on the unique facts and circumstances of your case. Some of the factors that may be considered when calculating your damages for a car accident settlement include:
The severity of your injuries;
The extent of your property damage;
The amount of your medical bills;
The amount of wages you lost as a result of the accident;
The impact the accident has had on your quality of life; and
The permanent nature of your injuries.
An experienced auto accident lawyer in Illinois can help ensure all of the injured victim’s damages are taken into account when calculating the amount of compensation to negotiate for in a car accident settlement.
How does Illinois law determine who is at fault for a car accident?
Illinois uses a modified comparative negligence system to determine who is at fault for an auto accident. This type of systems means that Illinois is NOT a no-fault state. Unlike a no-fault system, comparative negligence means that each driver involved in the accident will be assigned a percentage of blame based on their actions leading up to the crash. For example, if one driver ran a red light and hit another driver who was making a left turn, the driver who ran the red light would likely be found to be more at fault than the driver who was making the left turn.
If you are found to be less than 50 percent at fault for the accident, you may still be entitled to recover compensation for your injuries. However, the amount of compensation you are able to recover will be reduced by your percentage of fault. So, if you are found to be 40% at fault for the accident, you would only be able to recover 60% of your damages from the other drivers involved in the accident.
Get Help from an Illinois Car Accident Lawyer Today
If you’ve been injured in a car crash, you may be entitled to seek compensation. However, the process of collecting evidence and negotiating with insurance companies can be complex and time-consuming. An experienced lawyer from The Kryder Law Group, LLC can handle all aspects of your case so you can focus on your recovery. Contact us today to schedule a free consultation. We have a successful history of helping car accident victims all over the Chicago area.
How does Illinois law affect compensation for car accidents?
There are a couple key ways that Illinois law affects car accident compensation.
Illinois is An At-Fault State
You may be wondering if Illinois is a no-fault state. Unfortunately, no, Illinois is an at-fault state when it comes to car insurance. This means that, unlike in no-fault states, the driver who is found to be at fault for the accident will be responsible for paying the damages of the other drivers involved. The at-fault driver’s insurance company will then likely seek to recover the damages paid out from the at-fault driver.
Statute of Limitations
Second, Illinois has a statute of limitations for filing a car accident lawsuit. This means that you have a certain amount of time after the accident to file a lawsuit against the at-fault driver. If you do not file your lawsuit within this timeframe, you may be barred from recovery altogether. In Illinois, you have two years from the date of the accident to file a personal injury claim and recover compensation (735 ILCS 5/13-202). This two year limitation applies to car accident cases.
Contact Us Today
If you’ve been in a car accident, it’s important to understand how Illinois law may affect your ability to recover compensation. An experienced lawyer from The Kryder Law Group, LLC could help explain your legal rights and options and ensure that you take the appropriate steps to protect your interests.
What if the at-fault driver is uninsured?
Not all drivers on the road may have total accident coverage. If the at-fault driver is uninsured, you may still be able to recover compensation for your injuries through your own uninsured motorist coverage. Illinois requires Uninsured Motorist Bodily Injury Coverage (UM) of $25,000 per person and $50,000 per accident. Depending on the UM limits, you may also be required to carry Underinsured Motorist Bodily Injury Insurance (UIM).
Underinsured Motorist Coverage
In addition to uninsured motorist coverage, you may also have underinsured motorist coverage. This type of insurance coverage will pay for your damages above the at-fault driver’s insurance policy limits if their insurance is not enough to cover all of your damages.
It’s important to note that you must notify your own auto insurance company of the accident and give them a chance to investigate and pay your claim before you can file a lawsuit against them.
How do I know how much uninsured or underinsured motorist coverage I have?
The best way to know how much uninsured or underinsured motorist coverage you have is to check your insurance policy. Your policy should list the types and limits of coverage you have. If you’re not sure what your policy covers, you can contact your insurance company or an experienced car accident lawyer for help.
What should I do if I’m involved in a car accident in Illinois?
If you’re involved in a car accident in Illinois, there are a few things you should do:
Stop your vehicle and turn off the engine.
Check for injuries and call 911 if necessary.
Move your vehicle to the side of the road if possible.
Exchange information with the other driver, including insurance information.
Take photos of the accident scene, if possible.
Get the contact information of any witnesses to the accident.
Call your insurance company to report the accident.
If you were seriously injured in the accident, there are a few more things you’ll need to do. Be sure to seek medical attention and get legal help. An experienced lawyer from The Kryder Law Group, LLC can answer your questions about what your case might be worth. Contact us today to schedule a free consultation.
Call The Kryder Law Group for Help with an Illinois Car Accident Case
If you’ve been seriously injured in a car accident, you may be entitled to compensation. However, the process of collecting evidence and negotiating with insurance companies can be complex and time-consuming. An experienced lawyer from The Kryder Law Group, LLC can handle all aspects of car accident claims so you can focus on your recovery.
Free Consultation
The Kryder Law Group, LLC is here to help if you’ve been in a car accident in Illinois. We understand how Illinois law affects car accident compensation and we can help maximize your recovery for your personal injury lawsuit. Contact us today to schedule a free consultation.
November 11th, 2022
(312) 223-1700