The two big questions people usually have after getting hurt in a car accident that was someone else’s fault are how they will prove who caused the accident, and how much compensation they can get for their injuries and other losses. After reading this blog, you will have a better understanding of car accident liability and damages explained.
A Chicago personal injury attorney can help you pursue money damages from the at-fault party. We offer a free initial consultation with no obligation.
Car Accident Liability – AKA Who Pays My Losses?
The other driver involved in a collision is not automatically liable for your losses. We have to prove all fb our of these factors to establish their liability:
- The other driver had a legal duty of care. Everyone who operates a motor vehicle on public streets in Chicago has an obligation to obey the traffic laws.
- The other driver violated their duty of care. A person who violates a duty of care is negligent by definition. Let’s say that the other driver ran a red light. They did not obey the traffic law of obeying electronic signals.
- The negligence must have caused the accident. Because the other driver ran a red light, they were in the intersection at the wrong time. They crashed into your car, which was proceeding through the intersection legally on a green light. The other driver’s negligence of running the red light caused the collision.
- You must have quantifiable losses. A physical injury satisfies this requirement.
When we can prove all four of these elements of liability, we can pursue a claim for money damages for your losses.
Recoverable Damages in a Car Accident Injury Claim
The amount and types of losses you could recover will depend on the unique facts of your situation. Typically, people can recover losses like these:
- Medical expenses. The cost of treating the wounds the person suffered in the collision is usually recoverable. These can include things like the ambulance, emergency room, doctors, hospital, x-rays, lab tests, pain pills, surgery, and physical therapy.
- Long-term care. After suffering debilitating wounds like severe head trauma or spinal cord damage resulting in paralysis, a person injured in a Chicago car accident might not be able to live independently. They might need daily assistance with medical treatments and personal care. They might receive this long-term care from a home healthcare service or a long-term care facility like a nursing home.
- Lost wages. People often miss some time from work after getting injured in a car crash. If you did not get paid your regular wages or salary when you could not work because of your injuries, we can add that financial loss to your injury claim.
- Pain and suffering. This category of money damages refers to the physical discomfort, inconvenience, and emotional distress of getting injured in a collision.
- Other intangible losses. A few examples of these damages include disfigurement, post-traumatic stress disorder (PTSD), and loss of enjoyment of life.
Also, if your close relative died because of wounds received in a Chicago car collision, we might be able to seek additional compensation on behalf of the family in a wrongful death action. You will want to talk to a Chicago personal injury attorney as soon as possible, because Illinois has a short filing deadline. If you miss the deadline, you could lose the right to seek money damages from the at-fault party. Get in touch with our office today.