Can You Sue Someone for a Car Accident in Illinois?

Car accidents are a daily occurrence on Illinois roadways, with thousands of crashes leading to injuries, financial loss, and emotional distress. After an accident, many people wonder, “Can I sue the other driver?” The short answer is yes. Under Illinois law, you have the right to sue someone for damages resulting from a car accident, provided they were at fault.

Whether you’re dealing with mounting medical bills, lost wages, or the pain of serious injuries, understanding your legal options is crucial. Filing a lawsuit may be necessary to hold the at-fault driver accountable and secure the compensation you deserve.

“Accidents are rarely simple, and the aftermath often leaves victims with more questions than answers. Illinois law provides clear protections for those harmed by another driver’s negligence. If you’ve been injured in a car accident, filing a lawsuit is often the most effective way to ensure that your financial, physical, and emotional recovery is fully addressed.” — John J. Malm, Naperville car accident attorney

Let’s explore when and how you can sue someone for a car accident in Illinois, and what the process entails.

When Can You Sue Someone for a Car Accident?

In Illinois, you can sue another driver if you can demonstrate that their negligence caused the accident and resulted in your injuries or financial losses. Negligence occurs when someone fails to exercise reasonable care, creating an unsafe situation that leads to harm.

Common Examples of Negligence

• Distracted driving, such as texting or using a smartphone.
• Speeding or reckless driving.
• Driving under the influence of alcohol or drugs.
• Failing to yield or running red lights.
• Violating other traffic laws.

If the at-fault driver’s negligence directly caused the accident and your resulting damages, you have grounds to pursue legal action.

What If I Was Partially At Fault?

Illinois follows a modified comparative negligence rule, which means that your ability to recover damages depends on your share of fault. Under this rule:

• If you are 50% or more at fault, you cannot recover damages.
• If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.

For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you would receive $80,000. It’s essential to work with an experienced Naperville car accident attorney to minimize any fault assigned to you and maximize your compensation.

What Can You Sue for After a Car Accident?

A car accident lawsuit allows you to recover damages for both economic and non-economic losses. These damages aim to make you whole after the accident.

Economic Damages

These are tangible, measurable costs, including:

• Medical Expenses: Hospital bills, surgery costs, physical therapy, and future medical care.
• Lost Wages: Compensation for time missed from work due to the accident.
• Property Damage: Costs to repair or replace your vehicle and other damaged property.

Non-Economic Damages

These cover intangible losses, such as:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
• Loss of Enjoyment: Reduced ability to participate in activities you once enjoyed.
• Loss of Consortium: Damages for the impact on your relationships, such as with a spouse or family.

In rare cases, punitive damages may also be awarded. These are intended to punish the at-fault driver for particularly reckless or intentional behavior, such as drunk driving.

Steps to Sue Someone for a Car Accident in Illinois

If negotiations with the at-fault driver’s insurance company fail, filing a lawsuit may be the best option to secure fair compensation. Here’s how the process works:

1. Consult an Attorney

The first step is to speak with an experienced Illinois car accident attorney. They will review the details of your case, assess the evidence, and determine whether filing a lawsuit is the best course of action.

2. File the Complaint

Your attorney will draft and file a complaint in court. This document outlines your allegations, the damages you are seeking, and the legal basis for your claim.

3. Serve the Defendant

The at-fault driver (the defendant) must be formally notified of the lawsuit. This is typically done through the sheriff, a private process server, or certified mail.

4. Discovery Phase

Both sides exchange information and evidence during discovery. This phase may include:

• Interrogatories: Written questions and answers.
• Document Requests: Evidence such as medical records or accident reports.
• Depositions: Formal interviews under oath.

5. Negotiation or Mediation

Many car accident lawsuits are resolved through negotiation or mediation before reaching trial. Your attorney will work to secure a fair settlement during this stage.

6. Trial

If no settlement is reached, the case proceeds to trial. Both sides present evidence, and a judge or jury determines liability and awards damages.

Statute of Limitations in Illinois

It’s important to act quickly if you’re considering a lawsuit. Illinois law imposes a two-year statute of limitations for most personal injury claims stemming from car accidents. This means you have two years from the date of the accident to file your lawsuit. If you miss this deadline, you may lose your right to recover damages. It is best to consult with a personal injury attorney to verify there are no circumstances that may shorten the statute of limitations because it can vary depending on the circumstances, such as the defendant being a municipality.

How Insurance Affects Your Lawsuit

Before filing a lawsuit, you will typically go through the insurance claims process. Illinois requires all drivers to carry liability insurance with minimum coverage of:

• $25,000 for bodily injury or death per person.
• $50,000 for bodily injury or death per accident.
• $20,000 for property damage.

If the at-fault driver’s insurance coverage is insufficient to cover your damages, you may need to pursue a lawsuit. Additionally, if the at-fault driver is uninsured or underinsured, you may be able to file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage.

When Is Suing the Best Option?

Filing a lawsuit is not always necessary, but it may be the best course of action in the following situations:

• The at-fault driver’s insurance company denies your claim or offers an unreasonably low settlement.
• Liability is being unfairly disputed.

An experienced Naperville car crash attorney can help you weigh your options and decide whether filing a lawsuit is the right choice for your situation.

Contact the Top-Rated Car Accident Lawyers at John J. Malm & Associates

In short, yes, you can sue someone for a car accident in Illinois if they were at fault and their negligence caused your injuries or financial losses. The legal process can be complex, but it’s designed to ensure that victims receive fair compensation for their damages. Working with an experienced Illinois car accident attorney is the best way to navigate the challenges of filing a lawsuit and achieving a successful outcome.

At John J. Malm & Associates, with offices in Naperville and St. Charles, we bring over 90 years of collective litigation experience to every case. We understand that no two accidents are alike, and we’re committed to pursuing justice for our clients with dedication and care.

“Car accident victims often face uphill battles with insurance companies, mounting bills, and the stress of recovery. Filing a lawsuit is never an easy decision, but it’s sometimes the only way to ensure that justice is served. Our team works tirelessly to hold negligent drivers accountable and secure the compensation our clients deserve—because your recovery should never come second to someone else’s mistake.” — John J. Malm, Naperville car accident attorney

If you’ve been injured in a car accident and are considering legal action, contact us today for a free consultation. Let us help you protect your rights and pursue the justice you deserve.