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Is It Worth Suing After a Car Accident?

Suing after a car accident can be worth it for several reasons. First, it provides an avenue for victims to seek justice and hold the at-fault party accountable for negligence or wrongdoing. By pursuing legal action, victims can obtain compensation for their medical expenses, lost wages, property damage, and pain and suffering, helping them recover and move forward after the accident. Additionally, filing a lawsuit can deter reckless behavior and promote safer driving practices in the community. 

Seeking legal recourse can provide closure for victims and their families by allowing them to fully understand the circumstances of the accident and receive acknowledgment of their suffering. It also offers an opportunity to prevent similar accidents from occurring in the future by identifying and addressing systemic issues contributing to road safety hazards.

Car accidents often leave victims facing costly medical bills and extensive time away from work, leading to financial crisis. Suing after a car accident empowers victims like you to assert their rights, pursue justice, and obtain the compensation they need for the harm they have endured.

For help with a car accident case in Libertyville, call Bogdan Martinovich Attorney at Law. 847-996-1350.

When Should You Sue After a Car Accident in Illinois?

While not every car accident warrants legal action, there are circumstances where filing a lawsuit may be necessary to protect your rights and seek compensation for your losses. 

Common circumstances where filing a lawsuit is necessary include:

  • Serious Injuries: If you or your passengers have sustained severe injuries in the car accident, such as traumatic brain injuries, spinal cord injuries, or permanent disabilities, filing a lawsuit may be necessary to recover compensation for your medical expenses, lost wages, and pain and suffering.
  • Disputes Over Liability: If there are disputes over liability or fault for the accident, and the at-fault party’s insurance company refuses to accept responsibility or offer a fair settlement, suing after a car accident may be the only way to hold them accountable.
  • Bad Faith Practices: If the at-fault party’s insurance company engages in bad faith practices, such as delaying or denying valid claims without justification, filing a lawsuit may be necessary to compel them to fulfill their legal obligations.
  • Wrongful Death: If the car accident results in the death of a loved one, surviving family members may have grounds for a wrongful death lawsuit to seek compensation for their loss, including funeral expenses, loss of financial support, and emotional distress.
  • Complexity of the Case: If the case involves complex legal issues, multiple parties, or high damages, it may be in your best interest to file a lawsuit to ensure that your rights are fully protected and that you have the opportunity to present your case effectively in court.

Consulting with an experienced car accident attorney can provide invaluable guidance and representation, helping you understand your legal options and pursue fair compensation for your injuries and losses. If you’ve been injured in a car accident in Illinois, don’t hesitate to seek legal help to explore your options for seeking justice and holding the at-fault party accountable.

Statute of Limitations in Illinois for Car Accident Lawsuits

In addition to having grounds for a lawsuit, a deadline exists for victims looking to file. One of the most critical factors to consider when deciding whether to sue after a car accident in Illinois is the statute of limitations. The statute of limitations sets a deadline by which a lawsuit must be filed, beyond which the plaintiff may lose the right to seek legal recourse. In Illinois, the statute of limitations for personal injury lawsuits, including those arising from car accidents, is typically two years from the date of the accident, however in some circumstances may be less if for example it involves a governmental entity or more if it involves an injury to a minor.

Take prompt action if you have grounds for a car accident lawsuit. Waiting too long to file a lawsuit can result in the loss of your right to seek compensation, regardless of the strength of your case. Therefore, if you’re considering suing after a car accident in Illinois, it’s advisable to consult with an experienced car accident attorney as soon as possible to ensure you meet the applicable deadlines.

What Are the Steps Involved in Suing After a Car Accident in Illinois?

Suing after a car accident in Illinois involves several steps that must be carefully navigated to pursue compensation for injuries and losses. Understanding these steps can help accident victims make informed decisions and effectively navigate the legal process. 

Gathering Evidence

The first step in suing after a car accident is gathering evidence to support your claim. This may include photographs of the accident scene, damage to vehicles, and injuries sustained, as well as witness statements, police reports, and medical records documenting injuries and treatment received. Gathering this evidence promptly is crucial for building a strong case.

Seeking Medical Treatment

Seeking prompt medical attention for any injuries sustained in the accident is essential for both health reasons and legal purposes. Medical records documenting the extent of injuries, treatment received, and prognosis will serve as crucial evidence in a car accident lawsuit.

Consulting With an Attorney

Consulting with a knowledgeable car accident attorney is advisable to understand your rights, evaluate the strength of your case, and explore your legal options. An experienced attorney can provide invaluable guidance and representation throughout the legal process, advocating on your behalf to maximize compensation for your injuries and losses.

Negotiation and Settlement

In many cases, car accident lawsuits are resolved through negotiation and settlement agreements outside of court. Your attorney will advocate on your behalf to negotiate a fair settlement that adequately compensates you for your injuries and losses. Settlement negotiations may occur at various stages of the legal process, and your attorney will advise you on whether a settlement offer is fair and reasonable.

Filing a Lawsuit

If attempts to reach a fair settlement with the at-fault party’s insurance company are unsuccessful, filing a lawsuit may be necessary to pursue compensation through the court system. Your attorney will prepare and file the necessary legal documents, known as a complaint, to initiate the lawsuit.

Discovery Phase

During the discovery phase, both parties exchange relevant information and evidence related to the case. This may include witness statements, expert opinions, and documentation of damages. Discovery allows each side to gather information and build their respective cases.

Trial

If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will hear evidence and arguments from both sides and render a verdict. Your attorney will represent you in court, presenting evidence, examining witnesses, and making legal arguments to support your case.

Appeals

In some cases, either party may choose to appeal the court’s decision if they believe errors were made during the trial process. Appeals involve presenting arguments to a higher court to review the lower court’s decision, and may prolong the legal process.

Navigating the legal process of suing after a car accident in Illinois can be complex, but with the guidance of an experienced car accident attorney, accident victims can pursue fair compensation for their injuries and losses effectively. By following these steps and working closely with their attorney, accident victims can seek justice and hold the at-fault party accountable.

How a Car Accident Lawyer Can Help

Having a lawyer for a car accident case can be helpful for several reasons. An experienced car accident attorney understands the legal complexities of personal injury law and can navigate the intricacies of the legal system on behalf of his or her client. He or she has the knowledge necessary to assess the strength of the case, identify legal issues, and develop a strategic approach to pursue maximum compensation.

Additionally, a car accident lawyer serves as an advocate for his or her client, protecting clients’ rights and interests throughout the legal process. Lawyers handle all communication with insurance companies, defense attorneys, and other parties involved, ensuring that their client’s rights are upheld and that they are not taken advantage of by powerful entities seeking to minimize their liability.

If your case goes to trial, a car accident attorney has access to a network of resources and experts, including accident reconstruction specialists, medical professionals, and financial analysts, who can provide valuable insights and testimony to support your case. These resources can strengthen your position and increase your chances of obtaining a favorable outcome in your car accident claim.

If you need a lawyer for a car accident in Libertyville, contact Bogdan Martinovich Attorney at Law by calling 847-996-1350.

Years of Experience: More than 30 years
Illinois Registration Status Active
Bar & Court Admissions: Illinois State Bar Association – 1974-Present
Lake County Bar Association
Illinois Trial Lawyers Association
Lake County Bar Association Civil Trial and Appeals Committee
Federal Bar Association – Northern District of Illinois
Admitted to the Supreme Court of the United States – May 28, 1991
Years of Experience: More than 30 years
Illinois Registration Status Active
Bar & Court Admissions: Illinois State Bar Association – 1974-Present
Lake County Bar Association
Illinois Trial Lawyers Association
Lake County Bar Association Civil Trial and Appeals Committee
Federal Bar Association – Northern District of Illinois
Admitted to the Supreme Court of the United States – May 28, 1991

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