A serious car accident is a traumatic event that has the potential to cause life-changing injuries. Even if you walk away from a wreck with only mild injuries, they will still affect your life.
You may have unexpected medical bills, and paying for your care is likely a challenge if you can’t work because of your injuries. Depending on their severity, they may even prevent you from enjoying life to its fullest. These burdens should not be yours to bear if someone else is to blame for the truck or car crash.
Our car accident attorneys at Bartholomew, Shevlin & Flack, LLP, want to help you during this challenging time by pursuing the money you need to start rebuilding your life. Contact our law firm today to speak with a car accident attorney in Belleville, IL. Initial consultations are free, and we only charge a fee when we win the case.
According to the Illinois Department of Transportation (IDOT), nearly 5,400 motor vehicle wrecks occurred in St. Clair County, IL, in 2022, 47 of which resulted in fatalities and 1,410 in injuries. These car accidents happen for a number of reasons, but the most common by far is driver error.
No matter the cause of a wreck, it’s important to take the following steps in the immediate aftermath:
Serious car accidents can cause numerous injuries that aren’t on this list. These common injuries cause medical expenses that can be overwhelming and stressful. Unfortunately, some auto accidents result in loss of life, if your loved one passes away in an accident you may be entitled to compensation with a wrongful death claim. Hire a Southern Illinois car injury attorney to ensure you’re receiving the justice you deserve.
Type of Collision | Fatal | Injury | Total |
Rear-End Collision |
85 |
14,293 |
74,505 |
Turning Accidents |
131 |
13,960 |
54,608 |
Sideswipe (Same Direction) |
22 |
3,210 |
39,491 |
Parked Vehicle Collisions |
12 |
2,094 |
35,144 |
Angle (T-Bone) |
104 |
9,614 |
29,747 |
Data taken from the 2024 Illinois crash report.
Illinois is an at-fault (or “tort”) state regarding auto insurance claims, meaning the party who caused your wreck should have insurance to compensate you for your losses. You may pursue this compensation by filing a claim against their policy. If the insurance company won’t offer a fair settlement, you might have to file a lawsuit and go to trial.
A settlement may compensate you for two types of losses resulting from auto accidents: economic losses and non-economic losses.
Economic losses consist of medical bills, lost wages, and other losses with definite dollar values. Non-economic losses include pain and suffering, emotional distress, loss of enjoyment of life, and similar intangible losses.
A car accident attorney in St. Clair County, Illinois, could help you by adding up your economic losses, which will also involve estimating the cost of potential future losses. Examples of future economic losses include loss of earning potential and the cost of ongoing medical care. Car accident lawyers may also apply certain formulas to determine an approximate value of your non-economic losses.
Ethical automobile injury lawyers in Illinois, can’t and won’t promise an exact settlement. There’s never a guarantee you will receive a specific payout in any type of personal injury case. However, a car accident lawyer may assist you by accounting for all your losses when negotiating with the insurance company.
Illinois law sets a two-year deadline for taking legal action after a car crash. You have two years from the date you sustained car accident injuries to file a car accident claim or lawsuit.
Don’t wait to act. Except in very rare circumstances, you’re ineligible to receive compensation if you miss the deadline.
Per the Illinois Department of Insurance (IDOI), Illinois has a modified comparative negligence law. Said law may apply if your own negligence played a role in a collision.
Consider the following hypothetical. You’re driving along when another motorist makes a sudden left turn in front of you, causing you to T-bone their car. Because they were breaking the law, they were negligent in this case.
That said, maybe you were driving a bit too fast and should have avoided a collision. Perhaps you didn’t see them start their turn because you failed to thoroughly check your surroundings. Or, maybe you overlooked the vehicle because you were using your phone or otherwise distracted.
Some might argue you are partially to blame for your injuries in this scenario. Under Illinois law, this doesn’t stop you from pursuing compensation. An injured party may be eligible for compensation as long as they are less than 50 percent at fault for their injuries.
That said, the percentage of blame assigned to you will limit how much compensation you may receive. For example, perhaps it’s determined you’re 25 percent to blame for your injuries, and you would have been eligible to receive $20,000 had the other driver been the only negligent party. Because you were also somewhat negligent, the most you could receive in this scenario is $15,000 – $20,000 minus your 25 percent share of the blame. This underscores the importance of not admitting fault after a crash.
Achieving a car accident settlement or verdict is not guaranteed. You have to prove that the other party is at fault for the car accident to recover compensation. Having evidence for the insurance company and/or judge proving the other party’s negligence is a must. This is especially true if a hit-and-run occurs. As mentioned above and if you are able, document any injuries you suffer, obtain evidence at the car accident scene, and contact a car accident attorney to build your case.
You will have to prove 4 elements to prove liability in car accident cases in Illinois:
Contact our car accident attorney to build your case and determine liability so you can gain the maximum compensation. There could even be more than one liable party, so determining negligence and liability requires experienced representation.
The car accident claims process after a car crash is often complex. It may involve tasks and responsibilities you’re unfamiliar with, including negotiating with an insurance adjuster who’s trying to lowball you.
Our car accident lawyer in Belleville, IL, won’t charge any upfront fees for legal services. Instead, we use the contingency fee model that’s common among personal injury lawyers.
A contingency fee agreement sets a lawyer’s fee as a percentage of the compensation their client receives. That means we only get paid if we secure a settlement or damages for you first. Because the case review is also free, you’re taking no financial risk when you hire us to represent you.
The aftermath of a car accident can be overwhelming, frightening, and confusing, but it’s crucial to take prompt, appropriate action if you want to protect your legal rights. To help you do that, we’ve provided answers to some of the most common questions clients ask us about their car accident claims.
If you suffered injuries in an accident on a St. Clair County or Madison County road that was caused by someone else’s careless actions or misconduct, you may have a valid claim to compensation. For example, if the other driver ran a red light or was distracted while driving and that caused an accident, they may be liable for any damage they caused.
If you’re unsure whether you have a valid claim, you can always contact our team. We offer free consultations where we can assess your case and inform you of your legal options.
Auto insurance may be mandatory under Illinois law, but that doesn’t mean everyone who gets behind the wheel has coverage. Fortunately, your own auto insurance may provide compensation when you’re injured by an uninsured driver.
Illinois requires all auto insurance policies to provide uninsured motorist bodily injury coverage with a minimum of $25,000 for one person injured and $50,000 for two or more people injured.
Illinois follows a modified comparative fault system. Under this system, anyone who is 50% or less at fault for the accident may recover compensation. However, that person’s compensation will be reduced by their percentage of fault. That means if your compensation is $100,000, but you were found to be 30% at fault, your compensation will be reduced by 30% and your final recovery will be $70,000.
Insurance companies want to minimize your payout in any way they can. That can mean twisting your own words against you, downplaying your injuries, deflecting blame, or even scouring your social media accounts for ways to weaken your claim.
You should only offer them basic facts about the accident if you must speak to them, but your safest option is always to let your attorney handle any communications with them.
Insurers may contact you seeking a recorded statement about the accident, and they may make it sound like you’re required to provide one for the case to move forward. You are not required to provide any statements, and doing so may weaken your claim and reduce your payout. Do not provide recorded statements and refer any insistent insurance adjusters to your attorney.
The value of your claim depends on the specific circumstances of your case. Some key factors include the severity of your injuries, your medical expenses, lost wages, pain and suffering, and the length of your recovery. A skilled attorney can work with medical and financial experts to calculate your maximum compensation.
The timeline of a car accident claim varies. Simple claims with strong evidence may settle in a few months, but more complicated cases involving severe injuries, complex evidence, disputed liability, and litigation can take a year or more. Maintaining careful medical and financial records, gathering strong evidence, and working with a skilled lawyer are all ways to expedite the process.
If you’ve been injured and someone else is to blame, the law firm, Bartholomew, Shevlin & Flack, LLP, can help you demand the compensation and justice you deserve. Our experienced St. Clair County IL car accident lawyers will help you make the process easy. Find out what we can do for you when you contact us online or call us today for a free case review with a car injury attorney in Illinois.