It can be hard to process the aftermath of a serious car accident. On-road mishaps are common on the roads of Illinois, and a huge number of cases are reported from Rockford alone. Illinois is a tort state. If the accident happened because someone was negligent or acted irresponsibly, you could seek compensation from the at-fault party. You should also consider talking to a Rockford car accident lawyer about your claim. Here are some helpful details worth knowing.
You have two years
If you want to pursue the matter in civil court and file a car accident injury lawsuit, you have a deadline of two years to adhere to. Illinois’s statute of limitations has set that deadline, and it starts from the accident date. If you want to sue the other party for vehicle damage, you have five years to file a lawsuit. Note that the statute of limitations is only for civil lawsuits. If you wish to file a third-party insurance claim, you must do so within a reasonable time.
The modified comparative fault rule
If just one driver is responsible for the accident, the outcome is usually simple. However, if you share the blame for the accident, the court (and the insurance company) will follow the modified comparative fault rule in Illinois. You can only ask for a settlement for your losses when your fault share is 50% or less. For instance, if you were 40% at fault and were given $100,000 as your compensation, you will only get $60,000. Your fault matters in determining the settlement you get.
Getting an attorney would help
When in financial distress, it can be hard to think about lawyering up. The good news is PI lawyers in Rockford take a contingency fee for car accident lawsuits. For the layman, this means that the attorney only gets their fee, which is a fixed share of the settlement, when they win. Also, your lawyer can negotiate with the insurance company and ensure that your compensation is fair. With a good lawyer doing the work, you don’t have to bother much about pursuing the car accident claim. Your attorney is also in charge of investigating the accident and gathering evidence.
Don’t let the impact of a car accident overwhelm your senses. Talk to a good lawyer now, and don’t forget to ask relevant questions about their work and your case. The first meeting is usually free of cost.