Laws Pertaining To Car Accidents In Illinois

If you are involved in a car accident, if you are able, you should first take a little time to ensure that everyone is OK. In the event someone is injured don’t attempt to move them, try to keep the injured person warm which helps prevent shock. Call the police immediately and let the authorities take it from there.

Claims and settlements in Illinois:

Statute of limitations: Every state sets a time limit on how long you have to file a lawsuit; the deadlines vary and are based on the case that you plan on filing. In the event you have been involved in a car accident in Illinois the time limits are:

   *   If you are filing a personal injury case the statute of limitations is two years.

   *   If you are filing a property damage case the statute of limitations is five years.

These time limits have nothing to do with filing a claim against the other parties insurance company, the rules only apply to your hiring a Rockford car accident lawyer and filing a lawsuit in court. Having said this, it is a good idea to process an insurance claim as soon as you can after the accident, by claiming within the time period set by law, should you find you have to sue for damages you still have the option available. If the statute of limitations has passed your options are limited.

Comparative fault rules:

Under Illinois law you can claim damages against a party that is more at fault than you are, the damages that are awarded will be reduced by the percentage of fault that is assigned to you.

This rule is applicable in court, but does not have any effect when you are dealing directly with an insurance company. Of course, the insurance company will be looking at what might happen if you were to hire a Rockford car accident lawyer and go to court. Bear in mind that it is not really possible to apportion fault empirically, this percentile is often based on how well your lawyer can negotiate a settlement with the insurance company or convince a jury. Contact Shea Law Group Home at www.shealawgroup.com.

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