Chicago Car Accident Lawyer
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Illinois Car Accident Laws
We’re often asked, “Is Illinois a no-fault state?” Illinois operates under a fault-based system when it comes to car accidents. This means that the negligent driver (or the driver’s insurance company) responsible for causing the auto accident is also liable for resulting car accident injuries. This framework allows car accident victims to recover compensation directly from the other driver or the other driver’s insurance company. Illinois law requires all drivers to carry a minimum amount of liability car insurance to cover bodily injury and property damage in the event that another driver files a car accident insurance claim against them.
Illinois also follows a modified comparative negligence rule, which means that accident victims can still recover compensation from the other driver or the other driver’s insurance company if they are less than 50% at fault for the car crash, although their compensation is reduced by their percentage of fault.
Understanding this framework is important, as it dictates the outcomes of car accident claims in Illinois. If you’ve sustained serious injuries or property damage in a car crash and you’re having difficulty receiving compensation from the other driver’s auto insurance company, our Chicago car accident lawyer team can help. Our auto accident lawyers have extensive experience with this and can handle your car accident insurance claim with the care it deserves.
Causes of Chicago Car Accidents
The causes of auto accidents range from common issues, such as distracted driving and speeding, to more localized factors, such as interactions between vehicles and public transportation systems leading to car accidents. If you’ve been injured in an auto accident, contact the experienced Chicago car accident lawyers at Curcio & Casciato.
Distracted Driving Accident in Chicago
When distracted driving leads to serious car accident injuries, the Chicago car accident attorneys at our personal injury law firm handle every aspect of your car accident injury case. This includes obtaining the police report, surveying the auto accident scene, coordinating your medical treatment records and negotiating with the other driver’s insurance company, our auto accident injury lawyers ensure that your rights are fully protected. Whether the accident happened because of cognitive distraction or another form of driver negligence, our Chicago distracted driving accident attorney team is committed to helping victims recover compensation that’s needed for medical bills, lost income, property damage, pain and suffering, and other damages related to the personal injury claim.
Drunk Driving Accident in Chicago
As experienced Chicago drunk driving accident lawyers, we understand the complexities involved in pursuing a drunk driving car accident lawsuit, including pursuing Illinois Dram shop liability claims against establishments that served alcohol to the impaired driver. From gathering the police report and negotiating with the auto insurance company to managing your Chicago car accident claim, our Chicago car accident injury lawyers handle every aspect of your motor vehicle accident case to ensure serious injury victims recover compensation to cover medical bills, lost income and other damages related to the accident. If your accident occurred because of a drunk driver, contact an experienced Chicago car accident lawyer at Curcio & Casciato for a free car accident case evaluation.
Aggressive Driving and Violating Traffic Laws
Aggressive driving and road rage are the leading causes of serious injury and fatal car accidents in Chicago. When a car crash occurs due to the reckless behavior of the other driver, it often leads to complex legal issues involving strict liability. Our seasoned Chicago car accident lawyer group understands the challenges involved in pursuing a car accident injury claim against a negligent driver who violates traffic laws. Our Chicago injury lawyers meticulously handle every aspect of your auto insurance claim, from gathering the police report and determining the car accident claim worth, to negotiating with the car insurance company of the other driver and ensuring you recover compensation for necessary medical treatment. If aggressive driving led to the car crash, we’ll ensure this is adequately reflected in the rear-ended collision settlement value. Whether you’re dealing with minor car accident injuries or severe injuries, our Chicago car accident injury lawyers are here to protect our clients’ legal rights and secure the best possible outcome for their car accident lawsuits.
Common Car Accident Injuries in Chicago, IL
Car accident victims often suffer from a range of common car accident injuries after a car crash, from whiplash to traumatic brain injury. Our Chicago car accident attorneys have even handled seatbelt syndrome claims in Chicago. Symptoms such as ears ringing after a car accident can indicate a more serious injury, like a concussion. These common car accident injuries can lead to significant pain and suffering, resulting in mounting medical bills and lost wages. If an accident occurred due to the negligence of the other driver, our experienced Chicago car accident lawyer group will work diligently to recover compensation on your behalf.
Call 312-321-1111 to set up a free consultation with an experienced car accident attorney in Chicago from Curcio & Casciato’s law firm.
Airbag Injuries
Airbags can result in serious injuries during a car crash, particularly in high-speed car crashes. When the other driver is at fault, these car accident injuries may warrant a car accident lawsuit to recover damages. Our Chicago airbag injury lawyer group understands the complexities of these cases and works closely with victims to ensure we hold the at-fault driver and their auto insurance company accountable and recover compensation that covers medical treatment expenses, lost income, and other damages related to the car insurance claim. Contact a seasoned Chicago car accident attorney who can guide you through the process and fight for your rights.
Catastrophic Injuries
The Chicago catastrophic injury attorney team at Curcio & Casciato understands the profound impact these serious injuries have on car accident victims and their families. Our Chicago car accident lawyers are dedicated to securing maximum compensation for those who have suffered such severe injuries. Whether you need an experienced car accident attorney in Chicago for various types of catastrophic injuries or a specialized Chicago amputation lawyer, our injury lawyers are committed to fighting for your rights and ensuring you receive the full financial recovery you deserve.
Organ Damage and Internal Injuries
Internal injuries from car accidents are often among the most dangerous and life-threatening outcomes of auto accidents. These serious injuries can include organ damage, internal bleeding, and other conditions that require immediate and extensive medical treatment. At Curcio & Casciato, our Chicago car accident lawyer team is experienced in handling these cases. Our injury lawyers work diligently to ensure that our clients receive the proper care and pursue a car accident insurance claim to cover all medical bills and other related damages.
Spinal Cord Injuries
If you sustained spinal cord injuries from an auto accident, it’s crucial to reach out to an experienced car accident lawyer in Chicago. Our injury lawyers have handled numerous cases, including those that involve these catastrophic injuries, and can help you with your spinal cord injury auto accident claim. Contact a Chicago spinal cord injury attorney at Curcio & Casciato to see how our auto accident lawyers can help.
Traumatic Brain Injuries
A traumatic brain injury is among the most severe and life-altering outcomes of car accidents. Our experienced Chicago brain injury attorney team understands the complexities involved in pursuing a traumatic brain injury claim. When these serious injuries are results of the fault of the other driver, it’s crucial to have a skilled motor vehicle accident attorney on your side to navigate the legal process and ensure you recover compensation that fairly addresses such serious injuries. Whether the accident happened due to the negligence of the other driver or the other driver’s insurance company disputes your auto accident claim, our Chicago car accident lawyer group is committed to fighting for the rights of victims through a comprehensive Chicago car accident claim. If you or a loved one has suffered from traumatic brain injuries, our injury lawyers are here to provide the legal representation you need.
Whiplash Injuries
Although whiplash is often considered a less severe injury compared to others sustained in car accidents, its impact can be significant and long-lasting, affecting an individual’s ability to work and perform daily activities. Contact our Chicago whiplash injury attorneys to learn more about filing a car accident injury claim against the negligent driver to recover compensation for damages.
Wrongful Death
Fatal car accidents are devastating, leaving families with unimaginable grief and significant financial burdens. Our Chicago fatal car accident lawyer group is committed to helping families navigate the complexities of a wrongful death claim in Chicago. Our injury lawyers understand that we cannot recover compensation of any value to replace a loved one, but securing a fair settlement is crucial to cover expenses and provide for the future. The average payout for car accident death can vary widely, and an experienced fatal car accident attorney in Chicago will work tirelessly to ensure that your family receives the justice and compensation you deserve.
Do I Need a Chicago Car Accident Lawyer?
If an accident happened because of another driver, hiring a Chicago car accident lawyer can help to ensure you recover compensation that adequately covers injuries and property damage. Hiring a Chicago car accident lawyer is critical for cases involving significant injuries, complex liability issues, or disputes with a car insurance company. Consulting with a Chicago car accident lawyer can be pivotal in achieving a positive resolution to your personal injury claim, allowing you to focus on recovery.
What Does a Car Accident Lawyer Do?
A Chicago car accident lawyer is pivotal in the aftermath of a motor vehicle accident, providing specialized legal guidance and support. From the moment they are hired, injury lawyers tackle the comprehensive process of safeguarding their clients’ rights and ensuring they receive fair compensation.
Collects Evidence: One of the fundamental roles of a Chicago car accident lawyer is collecting evidence from the accident scene, obtaining the police report, compiling medical treatment records, interviewing witnesses, and gathering all forms of proof that can support the car accident claim.
Determines Fair Compensation Value: Determining the fair compensation value is critical for car accident lawyers in Chicago. Our auto accident lawyers will complete a detailed analysis of factors, including medical expenses, lost wages, future earnings potential, pain and suffering, and any long-term disability or rehabilitation costs. By evaluating the physical, emotional, and financial impact on the client’s life, the personal injury lawyer can advocate for a compensation package that truly reflects the extent of the damages.
Negotiates With Car Insurance Companies: Negotiating with car insurance companies is where a Chicago car accident attorney truly demonstrates their value and expertise. The car insurance company will always strive to minimize settlements, employing strategies that can be challenging for individuals to face on their own. Our skilled car accident lawyers in Chicago step in, equipped with a deep understanding of insurance law and negotiation tactics. They meticulously review the insurance policy details and leverage the evidence collected at the accident scene and hospital, as well as the calculated compensation value, to challenge lowball offers. Through persistent negotiation, our injury lawyers strive to ensure that the car insurance company fulfills its obligations fairly.
Presents Your Car Accident Injury Case in Court: Presenting a car accident injury case in court is a critical stage where a lawyer’s expertise and persuasive skills are paramount. This step comes into play when negotiations with the car insurance company fail to yield a fair settlement. Our seasoned car accident lawyers in Chicago meticulously prepare for litigation, organizing the evidence and expert testimonies and crafting a compelling narrative to prove the validity of the auto accident claim. In the courtroom, our Chicago car accident attorney team argues the case, emphasizing the negligence of the at-fault driver and the consequent damages suffered by the client.
When to Call a Lawyer After a Car Accident in Chicago
We urge victims to call a Chicago car accident attorney as soon as possible after car crashes, ideally before initiating an auto accident claim with the insurance company. Our injury lawyers can direct you through critical steps, such as documenting the accident scene and receiving immediate medical treatment. Early legal advice helps prevent common pitfalls, such as saying sorry after a car accident or accepting a quick settlement that undervalues your car accident claim. In situations involving serious car accident injuries, complex liability issues, or disputes over whether you or the other driver were at fault, having a lawyer’s expertise from the start can be vital to the outcome of your car accident case.
When is it Too Late to Get a Lawyer for a Car Accident in Chicago?
In Chicago, as in the rest of Illinois, auto accident victims have two years from the date of the motor vehicle accident to file a personal injury lawsuit and five years for property damage claims. While these deadlines dictate the latest you can initiate court proceedings, it’s important to understand when it might be considered too late to effectively engage injury lawyers for your car accident case.
Ideally, securing a seasoned car accident lawyer in Chicago should occur well before these deadlines approach to ensure ample time for the car accident case preparation, evidence collection, and negotiations. Waiting too close to the statute of limitations can significantly hinder a personal injury lawyer’s ability to effectively represent you, as evidence may be harder to collect, witness memories may fade, and the car insurance company may be less willing to negotiate.
How Much Does a Car Accident Lawyer Cost in Chicago?
Car accident lawyers in Chicago typically operate on a contingency fee basis, meaning their payment depends on the successful resolution of your car accident lawsuit. Under this arrangement, clients are not required to pay upfront fees or hourly rates. Instead, the lawyer’s fee is a percentage of the car accident settlement or court award received. It makes experienced legal representation accessible to those who might not afford it otherwise.
Chicago Car Accident Claim
Navigating the aftermath of a car accident in Chicago involves understanding the complex process of filing a claim to seek compensation for damages and injuries sustained. Whether you’re dealing with property damage, personal injuries, or both, the car accident claim process is pivotal in ensuring you receive the financial support needed for recovery and repairs.
Pursuing a car accident lawsuit requires patience, meticulous attention to detail, and, often, the guidance of skilled car accident lawyers in Chicago to navigate the legal nuances specific to Illinois law.
How Long After a Car Accident Can You Claim Injury in Illinois?
In Illinois, the timeframe within which you can claim injury after a car accident is governed by the state’s statute of limitations. For personal injury claims stemming from car accidents, you have two years from the date of the accident to initiate legal action.
This deadline is crucial because failing to file a car accident lawsuit within this period typically results in the loss of your right to seek compensation through the court system.
What Happens When Car Accident Claim Exceeds Insurance Limits?
When a car accident claim exceeds the at-fault party’s insurance limits, the situation becomes notably more complex. In such cases, the insurance company is only obligated to pay up to the policy’s maximum coverage amount, leaving any remaining damages potentially uncovered. However, there are several avenues that might be pursued to address the gap.
The injured party may seek compensation from their own underinsured motorist coverage if their policy includes this provision, offering a vital safety net. Another option is for the car accident victim to pursue legal action directly against the at-fault driver to recover the remaining damages, although this option depends on the at-fault party’s ability to pay out of pocket.
Chicago Car Accident Lawsuits
Initiating a car accident lawsuit in Chicago can be a strategic move to recover compensation for medical expenses, lost wages, pain and suffering, and other damages not fully covered by an insurance claim.
For those considering a car accident lawsuit, it’s important to discuss your options with an experienced car accident attorney in Chicago to understand if you have a car accident case worth pursuing.
At Curcio & Casciato, the Chicago personal injury attorneys have experience handling various car accident cases. Our injury lawyers will provide insight into whether or not you have a valid claim and calculate the car accident claim worth on your behalf.
Determining Liability in Chicago Car Accidents
Determining liability in car accidents can extend beyond the other driver to include other potential parties. This comprehensive analysis evaluates evidence like police reports, witness statements, and traffic camera footage. In a car accident case where vehicle defects or poorly maintained roadways contribute to an accident, manufacturers or government bodies could also bear responsibility. Accurately pinpointing liability in car accident cases is pivotal for securing fair compensation.
Other Drivers’ Liability
This assessment involves examining the actions of each driver involved in the collision to identify any breaches of traffic laws or negligent behavior, such as speeding, failure to yield, distracted driving, or drunk driving.
Equipment and Vehicle Manufacturers’ Liability
Equipment and vehicle manufacturers can be help responsible when defects in the design, manufacturing, or failure to warn about potential dangers contribute to car accidents. This aspect of liability assesses whether the vehicle or any of its parts were inherently unsafe or malfunctioned under normal use, leading to a car crash.
Government Bodies’ Liability
Government bodies’ liability in car accidents primarily concerns the maintenance and safety of public roadways. When auto accidents are caused by issues such as inadequate signage, poor road maintenance, hazardous construction zones, or the failure to address known dangers on the roads, local or state government entities can be held accountable.
If you’re wondering if you can sue the government for damages regarding your car accident case, contact our car accident lawyers in Chicago.
Determining Compensation for Car Accident Injuries
If you suffered injuries as a car accident victim in Chicago, you deserve maximum compensation to cover your medical expenses and other losses. Experienced personal injury lawyers are invaluable in car accident injury cases because they know how to fight for that compensation. Below is a list of the various damages that your Curcio & Casciato car accident attorney in Chicago will seek in your car accident injury claim.
- Property damage
- Medical expenses
- Lost wages
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
- Physical pain and suffering
- Punitive damages
- Future medical bills
- Loss of earning capacity
Calculating lost wages and other damages can be difficult without the help of a skilled car accident attorney. Additionally, if you’re wondering how to calculate pain and suffering and other non-economic damages, an experienced car accident lawyer from Curcio & Casciato can provide guidance.
Chicago Car Accident Settlement
A car accident settlement is a negotiated agreement between the involved parties, typically allowing the car accident victim to receive compensation without proceeding to a trial. This process involves the driver’s insurance company agreeing to pay a certain amount to cover damages such as medical bills, lost wages, pain and suffering, and property damage.
While settlements offer a quicker resolution for car accident claims, it’s crucial for victims to work with experienced car accident lawyers to ensure the compensation accurately reflects the losses suffered.
Average Settlement for Car Accident Claims in Illinois
The average settlement for car accident claims in Illinois can vary widely due to the diverse nature of auto accidents and the various injuries and damages incurred. Factors influencing settlement amounts include the severity of injuries, the extent of property damage, lost wages, and the impact on the victim’s quality of life.
Minor accidents with no or slight injuries may settle for a few thousand dollars, covering medical expenses and minor vehicle repairs. However, cases involving more serious injuries, significant loss of income, or permanent disability can result in settlements reaching into the hundreds of thousands or even millions of dollars. It’s important to note that each case is unique, and averages can be misleading without considering the specific details of the car accident.
If you’ve been involved in a car accident and are curious about how much compensation your case it worth, contact the Chicago motor vehicle attorneys to schedule a free consultation. They can help answer common questions, including “How much is a rear end settlement?“
How Long Does a Car Accident Settlement Take in Illinois?
Another question that is commonly asked when filing a car accident claim is, “How long does it take to get a car accident settlement?” Unfortunately, the answer to this question varies on a case-by-case basis and depends on the complexity of the case, the clarity of fault, the severity of injuries, and the willingness of the parties to negotiate.
Simple cases with clear liability and minor injuries might reach a settlement in a matter of a few months. However, car accident cases involving catastrophic injuries, disputed liability, or extensive negotiations with insurance companies can take a year or more to settle. The process may be extended if the case goes to litigation, requiring additional time for discovery, pre-trial motions, and, potentially, a trial.
During your free consultation, your car accident attorney can provide insight into your case and any challenges they may forsee, but it’s not likely that they will be able to provide a clear timeline for resolution.
Other Types of Chicago Car Accident Cases Our Chicago Car Accident Attorneys Handle
At Curcio & Casciato, our Chicago car accident attorneys have handled a wide range of car accident cases, including those that go beyond the conventional scenarios. Each type of car accident presents unique challenges, requiring specialized knowledge and a tailored approach.
From car crashes resulting in claw clip injuries to accidents involving Amazon trucks, the Chicago auto accident attorneys have what it takes to handle even the most challenging accident cases.
Chicago Commercial Vehicle Accidents
Commercial vehicle accidents involving trucks, delivery vans, and taxis bring unique legal challenges due to strict regulations and higher insurance coverages linked to business vehicles. Our Chicago commercial vehicle accident attorneys are adept at handling these complex cases, where liability may extend beyond the driver to include employers, manufacturers, and maintenance companies. Trust our law firm to hold all responsible parties accountable, ensuring you receive the justice and compensation you deserve for your Chicago commercial vehicle accident.
Post Office Vehicle Accidents in Chicago
Post office vehicle accidents in Chicago involve collisions with vehicles operated by the United States Postal Service. These types of car accident cases entail a unique set of legal challenges, as claims against federal entities are subject to specific procedures and limitations.
Our Chicago post office accident attorneys are familiar with filing claims involving government vehicles and are dedicated to helping clients injured in accidents with post office vehicles receive fair compensation.
Amazon Truck Accidents
Car accident cases involving Amazon delivery trucks are becoming more common on Chicago’s busy streets. These claims involve complex liability issues, often requiring thorough investigation to determine whether the driver, Amazon, or a third-party contractor bears responsibility.
Our Chicago Amazon truck accident lawyers have experience litigating cases involving large corporations like Amazon, where the legal and operational dynamics differ significantly from standard motor vehicle accident claims.
Garbage Truck Accidents
Garbage truck accidents can cause significant damage and injuries, given the trucks’ substantial weight and frequent stops. Navigating car accident claims involving garbage trucks often involves dealing with municipal or private waste management companies, each with their own insurance and legal protocols.
At Curcio & Casciato, our Chicago garbage truck accident attorneys are skilled in handling the intricacies of garbage truck accident claims, including identifying liable parties, whether it’s the driver, the company owning the truck, or even the city.
Chicago Hit and Run Accidents
Hit-and-run accidents add unique challenges to car accident lawsuits since the driver leaves before providing any information. At Curcio & Casciato, our Chicago hit-and-run attorneys utilize investigative resources to identify the fleeing drivers when possible and explore all avenues of compensation.
Chicago Rideshare Accidents
Rideshare accident cases often involve complex liability questions, especially regarding the insurance coverage in effect at the time of the car accident, whether it’s the driver’s insurance company, the rideshare company’s policy, or a combination of both.
The Chicago rideshare accident attorneys have an in-depth understanding of Illinois law as it pertains to rideshare operations and are prepared to hold all responsible parties accountable.
Car Clip Car Accidents
In addition to the common car accident cases listed above, the attorneys at Curcio & Casciato also have experience litigating less common scenarios, including Illinois claw clip car accident cases. In recent years, claw clips have grown in popularity, but so has awareness surrounding the damage they can do in a car accident.
No matter what causes your injuries following an accident, you can trust that our law firm has the experience necessary to navigate these unique but serious incidents.
Chicago Car Crash FAQs
Is Brake Checking Illegal in Illinois?
Brake checking is considered illegal in Illinois if it’s performed with the intention to cause harm or if it results in an accident due to reckless behavior.
What Happens if a Pedestrian Caused an Accident in Illinois?
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If a pedestrian causes an accident, their liability for damages depends on factors such as their actions leading up to the accident, whether they were violating any traffic laws, and if their negligence contributed to the collision. In these cases, the pedestrian may be held responsible for compensating the injured parties for their damages.
Is Lane Splitting Legal In Illinois?
No, lane splitting is illegal in Illinois as the state’s traffic laws do not provide specific regulations or allowances for this behavior.
How Long Do You Have to Report a Car Accident in Illinois?
In Illinois, you must report a car accident to the police within 10 days if the accident resulted in injury, death, or property damage exceeding $1,500.
Chicago Car Accident Lawyers
Knowing the steps to take following a car accident can be overwhelming, but with the experienced car accident attorneys from Curcio & Casciato, you don’t have to face it alone.
Our seasoned car accident lawyers understand the physical, emotional, and financial toll that accidents can take and are committed to securing the compensation and justice you deserve. Call 312-321-1111 to schedule a free consultation with an experienced car accident attorney today.