by Scott Blumenshine
When you are injured in a car accident, the last thing you want to do is spend hours upon hours fighting with the insurance companies trying to get what you are owed. It is important to hire a capable Chicago car accident attorney who will be able to get what you deserve. If you have been involved in a car accident, there are some very important steps you need to take to ensure that you will be fully compensated for your damages.
Car accidents are caused by someone’s negligence. Illinois is a “fault” state when it comes to car accidents. What this means is that the person who was at fault is fully liable for the costs of injuries and property damage that resulted from the accident. Unfortunately, insurance companies do not always play fairly or ethically.
In order to prove fault and liability for the accident, you and your attorney need to collect pertinent information, or evidence. It is helpful to collect the following:
When you are injured in a car accident, damages typically fall into two categories: general and special damages. They differ in the way they are calculated and the compensation they provide. Below is a basic overview of general and special damages.
General damages are said be a natural consequence of the defendant’s wrongful action. This means that the injury was the foreseeable result of the at-fault driver’s negligence. Even if the injury was not foreseeable, the victim could still recover. If the victim of the car accident has an existing injury or condition, and the car accident exacerbates the existing injury, they can still recover even though it was not foreseeable. For example, if you had arthritis and the car collision caused by another driver’s negligence caused a severe aggravation of the arthritis, the at-fault driver would still be liable for those damages you suffered. General damages are subjectively calculated, as there is no exact formulation for pain, suffering, emotional distress, or disability.
Special damages are to compensate the victim of the car accident for any financial injuries that they have suffered as a result of the accident. Special damages differ from general damages in that they require documentation or proof of monetary losses. When you receive any bills as a result of the car accident, make sure you make copies and provide them to your attorney as soon as possible.
It is important to remember that the insurance company is not there to help you. They are a business and have their own financial interests in mind when they are dealing with your claim. That’s why you need a knowledgeable attorney with the expertise in dealing with big insurance companies. Insurance companies will often give unrepresented parties the run-around. An attorney will be able to advocate for you to fight for the compensation you are entitled to under the law.
There are serious time limitations on your claim. Before you file your claim, contact our car attorneys online or call us at (312) 263-1000. They will be able to listen to your story, provide a free consultation, gather the necessary information and put together a legal strategy so that your claim will be successful.