When another driver causes a crash, Illinois law allows an injured person to sue for damages. A lawsuit holds the at-fault party accountable for medical expenses, lost income, property damage, and other harm. Many people in Naperville ask, “Should I sue after a car accident?” especially when insurance companies delay or refuse fair payment. Speaking with a lawyer can help determine whether legal action makes sense based on the facts of the case.
To succeed in a personal injury lawsuit, the injured person must show that the other driver owed a duty of care, acted negligently, and caused their injuries. These legal standards apply whether the crash was a rear-end, side-impact, or another type of collision.
Contact us today at 331-295-8005 to discuss your case and learn how we can help you.
Understanding Car Accident Lawsuits and When to File One in Illinois
Car accident lawsuits can be filed in Illinois if injuries or losses result from another driver’s negligence. Negligence means failing to act with reasonable care. Examples include speeding, ignoring traffic signals, following too closely, and distracted driving. Any of these behaviors could serve as the foundation for a civil claim.
Once a lawsuit is filed, the court system begins a process called litigation. The injured party (plaintiff) and their attorney present evidence showing how the other driver caused the crash and what damages resulted. The at-fault party (defendant) may argue back, claiming the plaintiff was partially responsible or disputing damages. In Naperville, these lawsuits typically proceed through the DuPage County court system.
Most cases do not reach trial. Instead, lawsuits often lead to a settlement. Filing signals to the insurance company that the plaintiff is serious about receiving full and fair compensation. If the insurer refuses to offer a fair settlement, a judge or jury may decide the outcome.
Illinois Rules That Affect Auto Accident Lawsuits
Anyone filing an auto accident lawsuit in Illinois must follow specific legal timelines. The Illinois statute of limitations for personal injury claims is two years. This means an injured person generally has two years from the date of the crash to file a lawsuit in court. Waiting longer may result in a complete loss of the right to sue, no matter how severe the injuries are.
Illinois also applies a modified comparative fault rule. If a court finds that the injured party was more than 50 percent at fault for the accident, they cannot recover compensation. If they were less than 50 percent at fault, their compensation is reduced by the percentage of fault. These rules apply in both court cases and settlement discussions.
A lawsuit also involves procedural steps. An attorney drafts a complaint, serves it on the defendant, and begins discovery. This part of the process involves exchanging information, collecting evidence, and preparing for trial. Although it takes time, litigation provides access to legal remedies that informal negotiation does not.
Suing for Auto Accident Injuries in Naperville
Naperville residents often face serious traffic risks, especially near major intersections, school zones, and highways like I-88. When someone else causes a crash in these areas, Illinois law gives injured people the right to file a civil claim.
In an accident, if the other driver was ticketed or arrested, that information may support a case, but it is not necessary. Civil lawsuits operate separately from traffic court. A lawsuit can proceed regardless of whether the at-fault driver was cited, charged, or convicted.
Lawsuits for car accidents can be initiated even if injuries develop days or weeks after the crash. Delayed symptoms, such as neck pain, concussions, or internal injuries, are common. Illinois law does not require immediate diagnosis. What matters is that a harm was suffered and that the crash caused it.
How to Sue After a Car Accident
No two cases are the same. The process of suing for a car accident depends on where the crash occurred, how it happened, and the available evidence. To succeed, the plaintiff must show not only that someone else’s negligence caused injury, but also how the harm has affected their life. Illinois law provides the tools to do that, but these tools are most effective when used early.
The first step is hiring a personal injury attorney with experience in Illinois car accident litigation. An attorney will evaluate the facts, gather evidence, and provide guidance through each stage of the process. Filing begins with a complaint and summons. The other driver will be given time to respond, and the discovery phase follows.
A settlement can be reached at any point. If not, the case may go to trial, where a judge or jury decides how much the defendant must pay. Most people never set foot in a courtroom. However, filing a lawsuit often brings the insurance company to the table with a more reasonable offer.
FAQS
How Hard Is It to Win a Car Accident Lawsuit?
Success depends on the strength of the evidence and the ability to prove the other driver’s fault. Clear documentation and timely legal action improve the chances of a favorable outcome.
What Is the Maximum You Can Sue for a Car Accident?
Illinois does not cap damages in most personal injury cases. Plaintiffs can sue for the full value of medical bills, lost wages, pain, and other losses.
How Much Will I Get for My Car Accident?
Settlement amounts vary based on the severity of injuries, medical costs, and impact on daily life. Cases with lasting harm often result in higher compensation.
Talk to a Naperville Car Accident Lawyer About Legal Options
Pursuing a lawsuit after a car accident can feel overwhelming, but experienced legal guidance makes the process more manageable. Marker Law, LLC helps Naperville residents decide whether filing a lawsuit is the right step and how Illinois law applies to their situation. The firm understands Illinois car accident law, from comparative fault rules to DuPage County court procedures, and works to secure fair compensation for their clients.
Contact Marker Law today to take the first step toward recovery.