Car Accident FAQs

Experienced Illinois Car Crash Attorneys Answer Frequently Asked Questions About Car Accidents

Car accidents are often unexpected and can result in serious injuries, financial burdens, and emotional trauma. Understanding your rights and the legal steps to take after a car accident is essential for recovering compensation. At John J. Malm & Associates, we specialize in helping car accident victims in Illinois navigate the claims process and secure the compensation they deserve.

This FAQ will address common questions about auto injury claims in Illinois and provide insight into the legal process.

1. What should I do immediately after a car accident?

After a car accident, follow these steps to protect yourself and your potential claim:

• Ensure safety: Move to a safe location if possible and check for injuries.
• Call 911: Report the accident and request medical assistance if needed. A police report will document the incident, which is crucial for your claim.
• Collect evidence: Take photos of the accident scene, vehicle damage, and your injuries. Obtain contact information from witnesses and the other driver.
• Seek medical attention: Even if you feel fine, see a doctor to ensure there are no hidden injuries.
• Notify your insurance company: Report the accident to your insurer but avoid admitting fault.

2. Who is liable for a car accident in Illinois?

Illinois follows a fault-based system, meaning the driver found at fault for the accident is responsible for the damages. If the other driver violated traffic laws (e.g., speeding, DUI, running a red light), they are typically considered liable. To prove liability, our Naperville car accident attorneys gather evidence such as the police report, witness statements, and any available dashcam footage.

“In Illinois, determining fault after a car accident can be complex. Our firm helps accident victims gather crucial evidence to prove the other driver’s negligence and secure compensation.” — John J. Malm, Illinois accident lawyer

3. What types of compensation can I receive in a car accident claim?

Victims of car accidents may seek compensation for:

• Medical expenses: Including current and future medical bills, surgeries, rehabilitation, and medications.
• Lost wages: Compensation for income lost during recovery and future lost earnings if the injury impacts your ability to work.
• Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.

Our team of Illinois car crash lawyers will evaluate your case to ensure all damages are accounted for.

4. How long do I have to file a car accident injury claim in Illinois?

In Illinois, the statute of limitations for filing a personal injury claim from a car accident is generally two years from the date of the accident. If you do not file within this timeframe, you may lose your right to seek compensation.

It is critical to act quickly to preserve evidence and protect your legal rights.

5. What if the other driver doesn’t have insurance?

Illinois requires drivers to carry minimum liability insurance, including uninsured motorist coverage. If the at-fault driver does not have insurance or has inadequate coverage, you may file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage helps compensate you for medical expenses, lost wages, and other damages when the other driver lacks sufficient insurance.

6. What injuries are commonly seen in car accident claims?

Car accidents can result in a range of injuries, from minor to severe. Common injuries include:

• Whiplash: Neck injuries caused by rapid head movement.
• Fractures and broken bones: Often seen in high-impact collisions.
• Head injuries: Concussions or traumatic brain injuries (TBI) can have long-term effects.
• Spinal injuries: Herniated discs and paralysis may result from serious accidents.
• Cuts and lacerations: Caused by broken glass or sharp debris.

Our Illinois personal injury firm works with medical professionals to document your injuries and the impact they have on your life to seek fair compensation.

7. How is fault determined in a car accident?

Fault is determined by examining evidence from the accident, including:

• Police reports: Officers on the scene document the details of the crash and may assign fault.
• Witness statements: Eyewitnesses can help corroborate your account of the accident.
• Traffic laws: Violations, such as speeding or running a red light, help establish fault.
• Dashcam or surveillance footage: Video evidence can be critical in proving how the accident occurred.

Our Naperville car accident attorneys analyze all available evidence to build a strong case for your claim.

8. What is the process of filing a car accident injury claim?

The typical steps in filing a car accident injury claim are:

1. Consultation: Meet with an experienced personal injury attorney to discuss the details of your case.
2. Investigation: Your attorney will gather evidence, review medical records, and consult with experts to build your case.
3. Filing the claim: Your attorney will file a claim with the at-fault driver’s insurance company.
4. Negotiation: Most claims are settled out of court through negotiations with the insurance company.
5. Trial (if necessary): If a fair settlement cannot be reached, your case may go to trial, where a judge or jury will determine liability and compensation.

9. Can I handle a car accident claim without an attorney?

While it’s possible to handle a car accident claim without an attorney, it’s not recommended. Insurance companies often try to minimize payouts, and without legal representation, you may not receive the full compensation you deserve. An experienced Naperville car accident attorney will protect your rights, negotiate on your behalf, and ensure all damages are accounted for. Plus, studies have shown that people who are represented by attorneys for their car accident claims obtain higher settlements than people without attorneys.

10. What if I was partially at fault for the accident?

Illinois follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. If you are more than 50% at fault, you cannot recover any compensation.

11. What if my car accident injuries require long-term care?

If your injuries require ongoing medical treatment, rehabilitation, or long-term care, your compensation should reflect these future medical costs. Our team of top-rated Illinois injury attorneys works with medical experts to estimate future medical expenses and ensure that they are included in your settlement or trial award. You should not be left with out-of-pocket expenses for medical care related to the accident.

12. Why should I choose John J. Malm & Associates for my car accident claim?

At John J. Malm & Associates, we have decades of experience representing car accident victims in Illinois. We are known for being tough on insurance companies and fighting for the full compensation our clients deserve. Our team of experienced Illinois car crash lawyers provides:

• Personalized legal guidance: We take the time to understand your case and provide compassionate support throughout the process.
• Proven results: We have secured millions of dollars in settlements and verdicts for car accident victims.
• Aggressive representation: We negotiate with insurance companies and, if necessary, take cases to trial to ensure our clients are fairly compensated.

With offices in Naperville and St. Charles, we proudly serve accident victims across Illinois. Contact us today for a free consultation to discuss your car accident claim.