If you’ve been involved in a car accident in Illinois, you likely have questions about what to do next. Keep reading to learn the answers to your questions.
Frequently Asked Questions About Illinois Car Accidents
Will I receive compensation for being involved in a car accident?
No, you won’t receive compensation just for being in an accident. Not all car accidents warrant a lawsuit. It’s best to contact an attorney to discuss the details of your case.
If I missed work because of my injuries, can I recover lost wages?
Yes, as long as you can prove that your injuries made you unable to work and you can provide valid documentation about your wage losses, you can recover compensation for lost wages.
Is the company responsible for paying damages if I’m involved in an accident with a company-owned car?
Yes, if an employee acting within the scope of their employment was driving the vehicle at the time of the accident, the company will be responsible for the damages incurred. However, if the driver was not acting within the scope of their employment, you may not go after the company to pay for damages. For example, if the driver was driving to work in the company car when the accident occurred, that is not considered within the scope of their employment. That means the driver will be held responsible for the damages incurred.
It’s important to keep in mind that many company representatives aren’t employees at all and are instead classified as independent contractors. If this is the case, the company will most likely not be held responsible for any damages incurred. In order to recover damages in a situation like this, you’ll need to file a claim with the driver’s insurance company.
Is it possible for the medical professional who treated me to place a lien on my car accident settlement?
While it may not be an unlimited amount, it’s possible for a surgeon or another medical professional to place a lien on your settlement or award in order to ensure they are compensated for their services.
Unfortunately, it can take some time to negotiate a settlement and receive compensation. The length of time you have to wait may be extended even further if your claim goes to trial since the legal process can take many years to conclude.
While you wait, there may be a number of professionals who provide services to you for which you’re unable to pay without the money from a settlement. Among these may be medical professionals and surgeons who need to know that they’ll receive payment for services rendered. Because of this, they may put a lien on your future settlement so they know they’ll get paid.
Illinois has laws that prevent medical professionals from taking your entire settlement and may not recover more than 40% of the amount you receive per Illinois’s Health Care Services Lien Act (770 ILCS 23/10).
If both the doctor and the hospital place liens on your settlement, each of them may only place a lien on 20% of your settlement amount. If only the doctors place a lien, they may not recover more than 33% of your settlement.
Will my black box support my case?
Maybe. The black box in your car is designed to record information regarding your speed, brakes, engine, and driver seatbelt. Depending on the information recorded and the circumstances of the accident, the black box may support or hinder your case. It’s best to have a skilled attorney assist with your case in order to effectively strategize for a favorable outcome.
Do I Need an Attorney to Settle My Car Accident Case?
While hiring an attorney is not required for car accident cases, securing effective representation can make all the difference in the outcome of your case.
Our attorneys here at Chute, O’Malley, Knobloch & Turcy, LLC are highly skilled in the area of car accident personal injury law and have helped many other people in similar situations achieve justice. Let us see if we can help with your case, too. Don’t hesitate to reach out to our office with any questions you may have right away.
Call the Naperville lawyers at Chute, O’Malley, Knobloch & Turcy, LLC today at (773) 906-4063 to speak with an attorney about your case.