Car accidents in Aurora can have serious repercussions and result in extensive injuries. All car accidents, from minor mishaps to fatal crashes, that occur on Aurora roads are adjudicated under Illinois negligence law. Car accidents victims, including passengers, should contact an experienced injury lawyer promptly to ensure that their rights are protected and fair compensation for injuries and vehicle damage is awarded.
Once contacted, a skilled Aurora car accident lawyer assesses the strength of your case, explains the law, and explains how the legal process works.
Following an Accident
There are a few important considerations to take following a car accident collision in Aurora. A person should not leave the scene of an accident; a hit-and-run may result in criminal penalties. It is important for a person to secure the safety of themselves and their passengers. They should be mindful of other traffic on the road and their safety when they exit the car. It is essential for them to call the police immediately to report the accident and any injuries. They need to remember to obtain a police report.
It is important for them to receive medical attention if necessary following an accident, and to obtain records of that as well.
A car wreck is an emotional event, but it is necessary for an individual to try to remain calm; emotions or confusion caused by an accident can lead the victim to make a wrong statement. Anything said, even just “Sorry,” could result in legal action. They should not admit anything, even if the other party is strongly accusing them of causing the accident.
It is essential for an individual to not talk about the event with others except for their Aurora car accident lawyer. They should not sign anything presented to them by the other driver or their insurance carrier, especially not a quick settlement.
Illinois Negligence Laws
Illinois uses a modified comparative fault doctrine to determine the amount of damages to be awarded. This doctrine determines the responsibility of each party to pay damages based upon the apportionment of fault. However, Illinois “modified” the rule and precludes a party from collecting any damages from any other party if they are more than 50 percent at fault for the accident. The rationale is that the party that is more than 50 percent responsible for the accident should not receive compensation for their damages from any other party.
Elements of a Claim for Negligence
A claim for negligence filed with the help of an Aurora car accident attorney has four elements. These include:
- Duty of care: A reasonable person has a legal obligation to not cause harm to others
- Breach: An act or a failure to act that violates the duty of care
- Damages: The plaintiff must suffer a damage or injury
- Cause: The damages or injury caused by the defendant’s breach of duty
Defenses to a Claim
Negligence can be defended by proving that the defendant did not owe or fulfilled their duty-of-care. Other defenses may be available depending upon the circumstances.
How an Aurora Car Accident Attorney Can Help
Once the accident victim retains an Aurora car accident lawyer, the lawyer will begin collecting evidence and investigating the claim. If there are witnesses to the accident, then the lawyer may contact the witnesses and secure their statements. A car accident attorney in Aurora will help develop the claim for damages by collecting and organizing all bills and records related to any damages.
The lawyer will identify and calculate the losses incurred for expenses for medical treatment and therapy, loss of present and future income, property damage, and any other expenses related to the car accident. Presentation of the calculation of damages and all the supporting documentation in a clear summary is important to the success of any personal injury claim.
Many car accident cases settle without going to court, which saves time and money. A skilled Aurora car accident attorney will aggressively negotiate with the insurance carrier to reach a fair settlement, if possible.
Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.