On-road mishaps and car accidents are always harrowing. Because the impact is so devastating, it can be hard to process the aftermath. Following a car accident in Rockford, you should take a few steps to protect your rights and must seek legal advice about filing a personal injury claim. In this post, we are sharing key details about Illinois laws and why you need a car accident attorney Rockford.
Deadline for filing a car accident lawsuit
Following an auto accident, you would normally file a third-party claim with the insurance company of the at-fault driver. The insurance company will contact you for a settlement, and you can expect the negotiations to start soon. The second option is to file a civil lawsuit against the at-fault driver. As per Illinois’s statute of limitations, you have two years to file a car accident lawsuit from the date of the accident. For lawsuits involving property damage, the extended deadline is five years. The two-year deadline is for civil lawsuits only.
Modified comparative fault in Illinois
Illinois is one of the many states that follow the modified comparative fault rule. Your fault share (if any) will determine whether you can sue the at-fault party and what you can possibly get in a settlement. You can only file a car accident lawsuit when your fault percentage is 50% or less. Also, your final settlement will be lower than what you have been awarded for your losses. Let’s say that you are 30% responsible for a car accident and were given $100,000 in a settlement. In this case, you will only get $70,000 as your final compensation.
Hiring a car accident attorney
While not mandatory, you should consult a car accident attorney immediately. Rockford personal injury law firms take up car accident cases on a contingency fee. In this type of arrangement, the lawyer only gets their fee when the client wins. The lawyer may charge up to 40% of your compensation as their fee, depending on the complexities of the case and the attorney’s experience. If you are hiring a lawyer for the first time, ensure that they have adequate experience representing clients in car accident lawsuits. Also, don’t forget to ask the attorney if they have been to court for such cases.
Because you have such a short time to act and file a car accident lawsuit, consult an attorney immediately and ask for a free assessment of your case.
