Getting rear-ended under any circumstances can be a jarring and traumatic experience, and that is especially true for rear-end wrecks, which can lead to serious injuries. When you are hurt because another driver negligently ran their vehicle into the back of yours, you may have a right to take legal action against that other driver and demand payment for all the harm you suffer.
Even if it seems obvious that someone else is to blame for your rear-end car accident in Palatine, though, navigating the civil litigation process and getting paid fairly for all your compensable losses can be hard to manage by yourself. After a crash like this, you should strongly consider enlisting the help of an experienced car collision lawyer at The Kryder Law Group, who has gotten positive case results from cases much like yours.
What Damages Can a Rear-End Crash Victim Recover for?
Typically, it is unnecessary to file a civil lawsuit over a rear-end car accident in Palatine or anywhere else in Illinois unless you suffered an injury in the wreck serious enough that it required some kind of professional medical care. In that scenario, the financial value of the claim you may have grounds to pursue would depend on the injuries you sustained and the degree to which they will negatively impact your life.
For example, if you suffered a fractured arm after someone rear-ended you, you would likely be able to recover any medical expenses for treatment you need to heal fully from that injury, as well as missed work income and the costs of repairing or replacing your car. However, you likely would not need restitution for any long-term losses, since your injury will likely heal completely over time. On the other hand, if a wreck like this causes permanent and debilitating spinal cord damage, it may be necessary to incorporate a host of expected future losses into your claim, such as:
- Physical suffering
- Emotional anguish
- Lost overall quality of life
- Lost working and earning capacity
Avoiding Comparative Fault for a Rear-End Wreck
No matter what damages you have suffered from being rear-ended on a road in Palatine, you cannot get any civil compensation for your car accident unless you can prove someone was directly at fault for it. Fortunately, this is more straightforward with rear-end crashes than most others, since it is usually the case that the rearmost driver was the one who broke a traffic law or otherwise acted irresponsibly behind the wheel.
That said, courts will not just assume that the rearmost driver is always completely to blame for a crash like this, and any amount of “comparative fault” you are found to hold for your wreck—for example, because you did not have functioning brake lights or slammed on your brakes suddenly in front of someone—could be held against them as a proportional reduction from the value of your final damage award. Even worse, 735 Illinois Compiled Statutes § 5/2-1116 allows courts to prohibit recovery altogether by anyone who holds more than 50 percent of the total fault for their own injury, even if someone else was still partially to blame.
Talk to a Palatine Attorney About Rear-End Car Accident Litigation
Car accident litigation is hardly ever simple, even when the mechanics of a wreck seem fairly straightforward. Between defense counsel, insurance adjusters, and the rules and restrictions within the legal system itself, you will be hard-pressed to get any financial recovery at all—let alone the full amount you should be entitled to—if you try to file suit alone after getting rear-ended.
Our skilled motor vehicle crash lawyers could explain your rights after a rear-end car accident in Palatine and offer irreplaceable guidance throughout the legal process, giving you the best chances possible of getting paid what you deserve. Call The Kryder Law Group today to get started.
(312) 223-1700