Personal injury cases can quickly get complicated after a vehicle accident. Proving an injury to the insurance company is already difficult enough and showing the company that you are owed compensation often requires significant negotiations. However, this can get even more difficult if the insurance company disputes liability.
Although the majority of car accident cases settle outside of court, your Rockford Illinois Car Accident Lawyer should prove the other driver’s negligence if your case has to go to court. While this can seem straightforward, your legal team has to carry the legal burden. You must work with a skilled lawyer who has a record of success in the courtroom.
Insurance Requirements
Illinois is an at-fault state, which means the insurance company of the at-fault driver is responsible for paying for your damages, up to certain policy limits. Each driver in the state is required by law to have at minimum liability coverage of $20, 000 property damages and $25, 000/$50, 000 bodily injury coverage. But, insured drivers can buy extra coverage called first-party coverage that consists of medical payments, uninsured or underinsured motorist, comprehensive coverage, and collision coverage.
Proving Negligence
Negligence happens when a person fails to take proper care. In general, a driver is negligent if they fail to do it safely and carefully. Also, negligence is when the driver fails to follow the rules of the road or violates the law.
If you have sustained an injury in a car accident because of another driver’s negligence, you and your lawyer should prove the negligence of the other driver. This way, you can hold their insurance company financially liable for your losses. Your attorney will use different techniques to prove negligence after a car accident such as finding witnesses who can testify that the driver violated a law, using an accident reconstruction specialist to determine what took place during the accident, collecting physical evidence, getting a copy of the police report, and investigating driver history.
Damages
One of the most important elements you must establish in a car accident lawsuit is damages. As a car accident victim, you can recover different kinds of damages, including payment for medical expenses, pain and suffering, and lost wages. In addition, you may recover for property damage, lost earning capacity, permanent scarring, and car rental expenses. You should keep records to establish such damages.
The state uses modified comparative fault principles if you are partially responsible for the accident. You should not be more than 50% or more at fault for the accident to recover compensation. But, your contribution to the accident will decrease the amount of compensation you can get.
