Is a car accident a personal injury case? In Naperville and elsewhere in Illinois, it is common for a car accident to be a personal injury case. This is because personal injury cases arise when a person suffers harm due to another’s negligence or wrongful actions. Car accidents, as well as truck and motorcycle accidents, are among the most common types of personal injury claims. Speeding, distracted driving, driving under the influence, and other types of negligent driving can result in injuries and fatalities.
Dealing with car accident injuries can be stressful. Call Chute, O’Malley, Knobloch, and Turcy at 312-775-0042 to talk about compensation.
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Types of Personal Injury Cases From Motor Vehicle Accidents
Personal injury cases include motor vehicle accidents, medical malpractice, product liability, slip-and fall incidents, and work accidents. Negligence is an important factor when determining whether a motor vehicle accident qualifies as a personal injury case. In other words, getting injured in a car accident does not automatically mean you have a personal injury case, especially if you could be at fault.
Motor Vehicle Accident Personal Injury Cases
Common motor vehicle accident cases stem from:
- Rear-end collisions: Distracted or tailgating drivers often cause these collisions, and they may result in whiplash or spinal injuries.
- T-bone accidents: These are common at intersections and may occur when drivers run red lights or fail to yield. Serious side-impact injuries may result.
- Head-on collisions: These often occur at high speeds. Life changing injuries or fatalities often follow.
- Pedestrian, bicyclist, and motorcyclist accidents: These frequently happen in crosswalks and on roads. The victims are more vulnerable and may be seriously injured.
- Truck accidents: When a tractor-trailer or large truck strikes a car, person, or cyclist, the injuries can be even more severe due to the truck’s size and speed.
Common Types of Injuries in Car Accidents
Types of car accident injuries include traumatic brain damage and neck injuries. TBIs mean that head impact during a collision has resulted in brain damage. The repercussions can be severe and lifelong. Neck injuries may include whiplash, which can become serious. The sudden movement in a collision can also strain neck muscles and ligaments.
Meanwhile, major types of back injuries in car accidents include disc herniation, muscle strains, and spinal fractures. Various bones in the body may fracture or break, too. Soft tissue injuries are common and include damage to the muscles, ligaments, and tendons. Facial injuries such as cuts, lacerations, or facial bone fractures can cause extensive scarring and other issues.
Even just one type of injury from a car accident can lead to a strong personal injury case. Compensation depends on factors such as the severity of the injury, the required medical treatment, the lost income, and the impact on the injured person’s quality of life. However, physical injuries may not tell the whole story. Many people injured in car accidents also seek compensation for emotional distress, loss of income, and property damage.
Who Pays for Injuries After a Car Accident?
Who pays your car accident medical bills? Typically, Illinois law has the at-fault driver’s insurance company covering medical expenses through liability coverage. However, the at-fault party might be uninsured or underinsured. The injured person may use his or her own uninsured/underinsured motorist coverage. Personal injury protection (PIP) or MedPay can also help with medical bills regardless of fault.
Modified Comparative Fault in Naperville
Determining fault is not always straightforward, though. Illinois follows the modified comparative negligence rule, which affects how car accident settlements are calculated. For instance, a person who is found to be more than 50% at fault for an accident is likely not allowed to recover any damages. Someone who is less than 50% responsible may be able to get compensation, with the settlement amount reduced by his or her percentage of fault. If a person is found 10% at fault, his or her compensation may go down by 10%.
Being 10% at fault could happen in many ways, such as not using a turn signal before a collision. The other driver may bear primary responsibility, but may be able to successfully argue that the lack of a turn signal contributed to confusion and the collision.
Driving a few miles per hour over the speed limit is another example, even if another driver runs a red light. A rolling stop and merging too close to another vehicle are two more of many possibilities.
Not adjusting your speed during rain, even light rain, may also reduce the amount of compensation for which you are eligible. Naperville gets more rainy days, 120.3 days on average, than most localities in Illinois, which see108.2 days, on average.
The other side is going to do its best to make you appear as at-fault as possible. Having car accident attorneys helps ensure you get the compensation you need.
How to File a Personal Injury Claim for a Car Accident
Several things need to happen before you file a personal injury claim. For instance, seeking medical attention as soon as possible after the accident is important both for your health and the integrity of your case. If you wait to see a doctor, the other side could argue that something else caused your injuries. Immediate treatment documents the injuries. Other steps include:
- Gather evidence: Collect police reports, photos of the accident scene, witness statements, and medical records.
- Tell insurance companies: Inform your insurer and the at-fault party’s insurer about the accident. However, it is better to get legal advice before giving statements.
- File the claim: Submit your car accident liability claim to the at-fault driver’s insurance company. Include documentation of medical expenses, property damage, and lost wages.
- Negotiate or litigate: The insurance company may offer a settlement. It may be too low, and your attorney can negotiate further or file a lawsuit.
The Role of an Attorney in Personal Injury Cases
An experienced personal injury attorney in Naperville can help you navigate motor vehicle injury claims and maximize your compensation. Attorneys investigate what happened, gather evidence, and establish negligence.
Attorneys also calculate damages, reviewing economic and non-economic damages to determine the total value of your claim. In addition, lawyers negotiate with insurance companies to ensure fair compensation. They work to prevent adjusters from pressuring injured parties into accepting lowball settlements.
When unfairly low offers from the insurance company persist, attorneys can take the case to trial. An attorney’s knowledge is especially important in complex cases involving multiple parties, commercial vehicles, or disputed liability.
How Attorneys Calculate Car Accident Settlements
Attorneys ask for settlements or jury awards based on many factors. Medical bills are a major consideration and include current and future expenses. Lost wages during recovery count, too, as do any reductions in future earning capacity. Pain and suffering for emotional distress and physical pain are other important factors. Repair or replacement costs for the victim’s vehicle are often necessary. Attorneys examine all avenues of compensation, while people who handle cases themselves often miss valuable sources of compensation.
The process of settlement typically involves a demand letter, negotiations, and, if necessary, litigation. The time to resolve a case may take months to years, and an attorney can streamline the process. Contact us at Chute, O’Malley, Knobloch, and Turcy to discuss your personal injury case.