How Long After a Car Accident Can I Be Awarded Compensation?

 Posted on April 22, 2022 in Car Accidents

Car accidents can occur in a blink of an eye and leave individuals with lifelong injuries. Injuries sustained in a severe car accident can leave victims with substantial medical bills and rehabilitation payments, leaving many people unsure of their next steps. Victims injured in a car accident in Illinois can take action to receive financial compensation to cover these costs. However, there are rules for filing for compensation, including a strict timeline.

The Personal Injury Claims Process

If you or a loved one has been injured or lost their life in a car accident, you may choose to file a personal injury or wrongful death claim to help cover the costs of medical expenses. The personal injury process includes three main steps:

• Accumulating Evidence of Injuries — One of the essential factors in a personal injury case from a car accident is determining the severity of the injuries sustained. After receiving medical attention, a victim or their medical proxy should keep all necessary medical information, including diagnoses, surgeries, tests, hospital care, and physical therapy. This will help the court determine how severe the injuries were and maintain a money trail of how much was spent on treatment. 

• Determining Fault — Car accident lawsuits are handled similarly to other personal injury lawsuits in Illinois. In order to sue another individual for financial compensation, the court must be able to determine who was at fault in the situation. If the defendant is entirely at fault for the car accident, it will be easier for the victim to be awarded compensation. However, if both drivers were at fault to some degree, Illinois will follow the comparative fault law. The court and jury will determine the ratio between fault and injuries sustained to decide how much compensation is awarded. For example, if the damages for an injury cost $25,000 and the victim was 10% at fault, the victim may be awarded $22,500. 

• Filing Court Forms — To go through the court process of filing a personal injury claim, a plaintiff must begin the correct paperwork. The initial complaint form details the events of the accident. Then, subsequent paperwork will follow if the court decides to accept the complaint. 

Victims of a car accident looking to file an injury complaint and receive compensation must follow the statute of limitations for Illinois personal injury cases. Individuals have two years to submit a complaint and begin their case. If a person files a personal injury complaint longer than two years after the accident, the court will likely not accept the case. It is wise for individuals looking to receive compensation for a car accident injury to hire an attorney to ensure that paperwork and other critical information are filed correctly and on time. 

Speak to a Wheaton Car Accident Attorney Today

If you are looking to file a personal injury claim to receive compensation for injuries from a car accident, DuPage County car accident attorney David Clark may be able to assist you. At Law Offices of David W. Clark, P.C., our lawyer has 20 years of experience working with clients injured in car accidents. Our office offers a free consultation to help victims prepare for their cases and determine the details of their situation. Please reach us at 630-665-5678 to contact our office. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2375&ChapterID=67