Q: How long do I have to file a claim?

If you’ve been in a Car Accident in the State of Illinois and are unable to reach an agreement outside of court, there is a limited window of time where you can still file a claim for your injuries or property damage. In the State of Illinois, the Statute of Limitations for filing a claim for injuries from a car accident is two (2) years, though this is reduced to one (1) year if the other party was a local public employee. The Statute of Limitations for filing a claim for property damage is typically much longer and can be for as long as five years. In either situation, it is usually a good idea to consult with an experienced attorney as soon as possible so that they can help you to make the best choice for your case and to navigate the often-complicated process.

Question 1

What do I need to do to file a lawsuit after a car accident in Illinois?

Accepted Answer

When starting a lawsuit with a car accident lawyer in Illinois, a complaint must be filed with the local court, and a Summons must be prepared. The Complaint outlines your legal arguments as to why the other party, the defendant, should be required to pay for damages from the accident, and the summons notifies the defendant that the lawsuit has been filed and that they have the right to respond to the lawsuit. In the case of a small claims case, the summons can be delivered by certified mail with a return receipt, but they are often served personally.
The defendant can then respond to the claim, and depending on the circumstances, there may be mediated negotiations in hopes of reaching an agreed settlement before the lawsuit proceeds.
If negotiations fail to reach a satisfactory conclusion, the suit then proceeds into the discovery phase, where lawyers from both parties investigate the accident independently. Information found during the discovery phase is shared between both legal teams. This can be a very lengthy process depending on the scope of the case. When the discovery phase is complete, the trial begins. The trial itself is often resolved within a few days for most car accident claims.

Question 2

How do negligence laws work in Illinois?

Accepted Answer

Illinois works on a modified comparative negligence system. This means that whoever is found to be responsible for an accident is also responsible for paying damages to the other parties involved based on the percentage of their fault for the accident.
For example, if you were considered 30% at fault for an accident and the other party was 70% at fault, you would be able to seek compensation for 70% of your damages from the accident. However, this is generally limited if you are 50% or less than at fault for an accident.
Shuman Legal has over 77 years of combined experience in auto accident law. We will help you maneuver any and all challenges!

Question 3

What do I do if I was involved in an accident with an unattended car?

Accepted Answer

If you are involved in an accident where your vehicle collides with a parked vehicle or other unattended property, you must stop immediately at the scene or as close to it as possible and attempt to find and alert the owner of the damaged car.
You must give them your name, address, and vehicle registration number. If you&#8217;re unable to locate them, leave a written note attached in a clearly visible place on the damaged property that includes the same information you would have shared if you had managed to find them.
You must also make a report to the police notifying them of your accident if it resulted in a total of more than $1,500 in damages, which is likely to be the case.

Question 4

What kind of compensation can I expect

Accepted Answer

Car accident settlements can vary greatly depending on the severity of the injury, as well as the type of treatment needed. For people who have suffered serious injuries, the settlements are generally much larger, and the topic can be much more complicated than straightforward physical damages.
A few of the things that come into the equation when finding out how much you can expect from damages in an accident are Lost wages / Reduced earning potential, property damage, medical expenses, pain and suffering, and loss of quality of life such as through lost companionship or through other forms of suffering caused by the accident.
When discussing your injuries, treatment, and recovery with your Attorney, be sure to include any losses you can think of, even if you might think they are small or unimportant. For example, if you&#8217;re unable to do recreational activities, household work, lifting objects, etc., these are taken into account when determining your damages. By discussing these, we will be better able to make sure you are compensated for as much of your losses as legally possible.

Question 5

How long do I have to file a claim?

Accepted Answer

If you&#8217;ve been in a Car Accident in the State of Illinois and are unable to reach an agreement outside of court, there is a limited window of time where you can still file a claim for your injuries or property damage.
In the State of Illinois, the Statute of Limitations for filing a claim for injuries from a car accident is two (2) years, though this is reduced to one (1) year if the other party was a local public employee. The Statute of Limitations for filing a claim for property damage is typically much longer and can be for as long as five years.
In either situation, it is usually a good idea to consult with an experienced attorney as soon as possible so that they can help you to make the best choice for your case and to navigate the often-complicated process.

Question 6

How long can I expect my case to take?

Accepted Answer

Though the total length of a case varies based on a variety of factors. The most important factor is the length of treatment needed before you fully recover. We can&#8217;t begin the settlement process until you are released from your doctor. Once you&#8217;ve completed your treatment, we will immediately order all of your medical records and bills. In many straightforward cases, your case can then be resolved within 2-4 months after you complete your treatment. However, in more complex cases, your case could last for more than a year.
A few factors that influence how long a case takes include how long insurance takes to respond to you, the nature and extent of your injuries, and the degree of cooperation from the other side.
Most cases don&#8217;t end up needing to go to trial, which also can significantly reduce the time taken for completion, as it can sometimes take many months to get a trial date set in court. Trials themselves can last anywhere from a few days to two or more weeks, depending on the complexity.

Question 7

What are the insurance requirements for your car in Illinois?

Accepted Answer

According to Illinois law, motorists are required to carry bodily injury and property damage liability insurance to help pay for damages they might cause in an accident.
Though higher amounts are always recommended, the legal minimums for your insurance are $25,000 per person, $50,000 per accident for bodily injury, and $20,000 per accident for property damage. You are also required to have Uninsured Motorist Coverage worth at least $25,000 per person and $50,000 per accident. This is often included with higher levels of coverage.

Question 8

What do I do after a car accident?

Accepted Answer

Though the response to an accident may vary depending on its severity, there are at least a few basic things that you should do after any car accident.
First, let&#8217;s assume that you&#8217;ve already called 911 and received medical care for your injuries. If not, please get expert medical care immediately. There may be injuries that are not immediately apparent, and in your shock from the accident, it can be easy to overlook some profoundly serious injuries. It&#8217;s also important so that your injuries can be documented should you need to file a case in the future.
If you&#8217;re in a condition to do so, take pictures of the vehicles involved and the immediate surroundings of the scene – any skid marks, broken glass, and other nearby hazards that may have contributed to the accident.
Be sure to file an official police report as soon as possible afterward, within ten days of the accident. You will want to exchange your contact and insurance information with the other drivers involved and get their information as well. If you can, also try to get the names and contact information of any witnesses.
Report your accident to your insurance provider, but don’t make any statements and stick strictly to the facts.
Speak to an attorney before making any official statements. Insurance companies don&#8217;t want to pay out money so they&#8217;ll do what they can to get you to make a statement that they can use against you later.

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