With each passing second, the trauma of this experience can quickly take over and overwhelm you.
You may not know what to do next or how to navigate the legal process. You likely know you need to call the police to report the crash and get medical attention for your injuries. If you’re wondering what happens beyond that, here’s what you should know.
Gather Evidence of the Crash
In circumstances where your injuries are severe, you may not be able to gather evidence at the scene yourself. When the police and emergency responders arrive, they will take photos and create a police report. They will also speak to eyewitnesses and take down their information and statements.
If you can get your own photos and videos, it’s highly advisable. However, your health and safety come first. Contacting a car accident attorney soon after you’ve had your injuries treated is helpful because they can begin gathering evidence on your behalf.
Keep in mind that your medical records are another form of evidence. It helps to keep a file with all the medical bills and receipts related to the accident.
Proving Liability
To recover compensation in a car accident lawsuit, you must that the other party was negligent and failed to exercise reasonable care on the road. You also have to prove this failure caused the crash, your injuries, and the resulting damages.
Since Illinois uses a fault-based insurance system and a modified comparative negligence law, you need to prepare for the possibility that the other driver may try to blame you. An attorney can be helpful in situations like these to prevent you from being held responsible for your own injuries when there is proof you were not at fault.
Filing Your Lawsuit for Your Car Accident Injuries
After negotiating with the insurance company, you may get the results you desire and receive compensation for your injuries and other damages through a settlement. Your attorney can make sure the amount offered is fair.
However, in situations where there is still debate about who is at fault or the insurance company refuses to pay, suing for damages in car crash cases is the next logical step. It’s important not to wait too long to file your lawsuit, though, as the statute of limitations is two years from the date of your crash.
Your attorney will be your legal advocate through the rest of the process. They will help you seek damages for your medical expenses, lost wages, property damages, and other economic and noneconomic damages. Most of the time, car accident lawsuits are settled outside of court. However, the right attorney will be prepared to go all the way to trial for what will hopefully be a verdict in your favor.
SOURCE: From Impact to Verdict: Navigating Car Accident Lawsuits
