A rollover is a particularly violent vehicular accident in which the car flips over to its side or onto its roof. It can result in grievous injuries or even fatalities, especially when it happens at high speeds. If you or your loved ones survive, it may be a struggle to recover from all the expenses you accumulated because of it.
If you are ever a victim of rollovers in Chicago, Illinois, know that the office of Ben Crump Law, PLLC is here to help you find justice and compensation. You can call the firm at 800-959-1444. The team can assign a Chicago rollover accident lawyer to guide you through your situation and help you get a fair settlement.
Lawsuits as an Alternative to Insurance Claims
In a typical rollover or any road accident scenario, the other driver’s insurance should cover a good portion of your medical and repair costs. Chapter 625 Section 5/7-203 of the Illinois Compiled Statutes requires all motorists to prove financial responsibility after an accident. They should at least have a 25/50/20 minimum liability coverage, which means $25,000 for injuries per person, $50,000 for injuries on more than one person, and $20,000 for property damage.
However, there are instances where insurance claims might not work favorably. A provider may try to reduce your reimbursement by minimizing their client’s fault in the accident. Another is if the driver is uninsured, which makes filing a claim with their insurance company completely moot.
For a free legal consultation with a rollover accidents lawyer serving Chicago, call 800-959-1444
How You Can Recover with a Rollover Case
With the help of an attorney, you can opt for a civil lawsuit instead, as it will require the defendant to reimburse you using personal finances or assets. Winning an accident lawsuit can help you recover from damages, which include:
- Hospitalization and therapy expenses
- Wages lost while in treatment or recovery
- Psychological trauma
- Disabilities or permanent scarring
- Pain and suffering
- Attorney fees
If the rollover kills the victim, the party at fault must also pay for funeral costs as required in the Wrongful Death Act.
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Other Possible Factors and Liable Parties in Your Accidents
The burden of proof in civil cases is not as stringent as it is in criminal suits. While a criminal court would require you to provide complete, absolute facts, you only need to show enough evidence in your favor in a civil lawsuit. However, a Chicago rollover accident lawyer can investigate further for you. They will help determine if there were other factors behind the accident, which can strengthen your claim. They can do this by reviewing the information in the accident report.
For instance, the driver at fault may have committed reckless or distracted driving misdemeanors, proving their negligence. There might also have been a road construction project that lacked warning signages, putting other vehicles at risk of a rollover. The contractor in charge of the roadworks would become liable for property damage and injuries suffered, as the failure to install signs was negligent on their part.
Ben Crump Law, PLLC has the resources to investigate for more evidence for an amicable outcome in your rollover accident case. Call today for your free case evaluation.
Considerations When Filing Your Rollover Lawsuit
Developing a lawsuit can become a burden on your part, as you have to familiarize yourself with the regulations related to your case. However, a Chicago rollover accident lawyer keeps themselves updated on Illinois’ Compiled Statutes. They can explain the laws that you have to consider while making your suit.
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The Comparative Negligence Rule Affects Recoverable Damages
Illinois civil courts use the comparative negligence or fault rule when it comes to car accident cases, as required by Chapter 735 Section 5/2-1116 of the Statutes. In this system, a claimant may have their total receivable damages reduced should the court find them partially liable for the accident.
For example, there may be evidence that you had an opportunity to evade the reckless driver but did not. The court, therefore, declares you 20% responsible for the accident. As a result, you will only receive 80 percent of the full amount of reimbursement. Do keep in mind that you have to be less than 50 percent liable. Even if you are the plaintiff, the state will not let you receive compensation if they find you more at fault than the other party.
Submitting Within the Deadline
All lawsuits have a statute of limitations or time limits for filing lawsuits. The time you have depends on the type of claim. As it is in other kinds of car accidents, a rollover lawsuit can involve property damage, personal injury, and wrongful death claims. In Illinois, personal injuries and wrongful deaths both have a two-year limit, while property damage has five.
Complying with these is a must, as the court typically does not entertain cases that miss their deadline. The statute clock will only pause for certain circumstances, such as if the liable party leaves Illinois or the victim is minor. In their cases, the timer only resumes counting once the party returns or if the victim turns 18 years old.
A Chicago rollover accident lawyer can help calculate your deadline to ensure that you have sufficient time for filing your case.
We are Here to Fight for Justice
Much like other devastating road accidents, a rollover can be a traumatizing and financially crippling experience. Ben Crump Law, PLLC empathizes with your struggle and will work towards reaching the settlement you deserve. We have a Chicago rollover accident lawyer ready to provide legal support and court representation. With civil rights attorney Ben Crump leading the team, we dedicate ourselves to fighting against civil rights violations and other forms of injustice in the United States.
We handle various practice areas ranging from auto accidents and medical malpractice to wrongful incarceration and class actions. For free case assessments and other inquiries, you can call us at 800-959-1444. The team is available 24/7 to accommodate your concerns.